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High Court of DelhiCM(M)/85/2023

M/S Cinepolis India Pvt. Ltd. v. M/S Sarita Multiplex P Ltd

2024-07-08Hon'Ble Mr. Justice Manoj Jain2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 85/2023 & CM APPL. 2720/2023 M/S CINEPOLIS INDIA PVT. LTD.

.....Petitioner Through:

Mr. Parmanad Yadav, Advocate.

versus M/S SARITA MULTIPLEX P LTD .....Respondent Through:

Mr. Amit Sood, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 08.07.2024 1.

Present petition has been filed under Article 227 of the Constitution of India and the petitioner, who happens to be Judgment-Debtor before the Executing Court, has challenged order 01.10.2022. 2.

However, at the very outset, both the sides have informed about one subsequent but significant development.

3.

It is intimated that the learned Arbitral Tribunal has already decided the claim in question and award has been passed on 07.02.2024. It is also apprised that on the basis of application moved under Section 33 of Arbitration and Conciliation Act, the rectification was done on 22.03.2024. 4.

In view of the aforesaid, it is very fairly, admitted by the petitioner that the present petition has, virtually, become infructuous. He prays for withdrawal of the present petition, supplementing that as and when the final award would be challenged, the petitioner herein would also assail the order impugned before this Court.

5.

Petition is, accordingly, dismissed as not pressed in aforesaid terms. 6.

Needless to say, the parties are at liberty to make appropriate request CM(M) 85/2023 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:24:04

before the Executing Court informing about the above development to enable said Court to pass appropriate order.

MANOJ JAIN, J JULY 8, 2024/sw CM(M) 85/2023 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:24:04