M/S Jmc Projects (India) Limited v. South Delhi Municipal Corporation

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 319/2019 M/S JMC PROJECTS (INDIA) LIMITED ..... Petitioner Through:

Mr.Sachin Datta, Sr. Adv. with Ms.Prity Sharma, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION..... Respondent Through:

Ms.Tanisha Setia for Mr.Sunil Goel, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 19.02.2020 1.

The present petition under Section 9(ii)(e) of the Arbitration and Conciliation Act was filed in August 2019, seeking directions to the respondent to release the Bank Guarantee bearing No.50/2012 dated 27.08.2012 (Rs. 8,16,02,635/-).

2.

Learned Senior counsel for the petitioner submits that since the petitioner has already preferred a petition under Section 11 of the Act seeking appointment of an Arbitrator, which petition is already listed before a Coordinate Bench of this Court on 20.02.2020, he does not press the present petition, he may be granted leave to withdraw the present petition with liberty to make a similar prayer before the learned Arbitrator as and when the arbitration commence.

3.

The petition is dismissed as withdrawn with liberty as prayed for.

REKHA PALLI, J FEBRUARY 19, 2020 gm