HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.928 OF 2014 DATED:10.6.2014 Between:
Indian Oil Corporation Ltd., (IOCL), A.P. State House, 3-6-436-438, 3rd Floor Naspur House, Himayat Nagar Hyderabad Rep. by the Deputy General Manager A.P.S.O. & Purchasing Authority and others … Appellants And M/s. Techno Industries A Proprietorship Firm having its office at AE-456, Saltlake City, Kolkata-700 064 Represented by its Proprietress Mrs. Rupa Biswas, Daughter of Late Amiyo Madhab Majumdar and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.928 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is admitted and is being disposed of today itself dispensing with all the formalities of inviting affidavits and hearing thereon. The things have become easier to do so as the learned counsel for the writ petitioners - respondents says, upon instructions, that her clients are willing to go to arbitration. Since admittedly arbitration proceedings have been commenced, may be after filing of the writ petition, and such arbitration was demanded by the writ petitioners – respondents even before filing of the writ petition, and when the parties have agreed, we need not highlight on this point in contradiction to the findings of the Hon’ble trial Judge.
One of the points taken in the writ petition is that the impugned order therein is a non-speaking order. Whether such point is to be acceptable under law or not has to be considered by the learned Arbitrator apart from other points.
We therefore dispose of the appeal setting aside all the findings of the learned trial Judge keeping all points open to be agitated before the learned Arbitrator. We direct the learned Arbitrator to decide the arbitration proceedings with a speaking Award within a period of two months from the date of communication of this order.
Consequently, pending miscellaneous petitions, if any, in this appeal shall stand closed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 10.6.2014 bnr