Mera Baba Reality Associates Pvt Ltd v. National Spot Exchange Ltd & ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) (COMM) 18/2019 MERA BABA REALITY ASSOCIATES PVT LTD .....Appellant Through:

Mr. Sudhir Nandrajog, Senior Advocate with Mr. Vijay K. Singh, Ms. Vijaya Singh and Ms. Kanishka Prasad, Advocates versus NATIONAL SPOT EXCHANGE LTD & ORS .....Respondents Through:

Mr. Sudhanshu Batra, Senior Advocate with Mr.Ranjan Kumar Pandey, Mr.

Sandeep Bisht, Mr. Anuj Tiwari, Mr. Shikhar Shrivastava, Mr. Vishwanathan Iyer and Mr.

Aditya Mishra, Advocates for respondent No.1

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 24.10.2019 CAV.1079/2019 Since appearance is entered on behalf of the respondent/Caveator, the caveat stands discharged.

C.M.Appln.46978/2019 (Exemption) Allowed subject to all just exceptions.

EFA(OS) (COMM) 18/2019, C.M. APPL.46977/2019 (stay) 1.

Mr. Sudhanshu Batra, learned Senior Advocate appearing for the respondent No.1/NSEL, challenges the maintainability of the present appeal EFA(OS) (COMM) 18/2019

on the ground that the same is not maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 or under Section 10 of the Delhi High Court Act.

2.

After addressing arguments for some time assailing the order dated 27.09.2019, passed by the learned Single Judge in OMP (ENF.)(COMM.) 13/2019, Mr. Sudhir Nandrajog, learned Senior Advocate appearing for the appellant, on instructions states that he may be permitted to withdraw the present appeal while reserving the rights of the appellant to file an appropriate application before the learned Single Judge, seeking review/ modification of the impugned order.

3.

Leave as prayed for is granted.

4.

The appeal is disposed of as not pressed alongwith the pending application.

HIMA KOHLI, J ASHA MENON, J OCTOBER 24, 2019 s EFA(OS) (COMM) 18/2019