Ace Engineering Infratech India Pvt. Ltd. v. Konkan Railway Corporation Limited

$~O-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 212/2025 ACE ENGINEERING INFRATECH INDIA PVT. LTD.

.....Petitioner Through:

Mr. Ankit, Adv.

versus KONKAN RAILWAY CORPORATION LIMITED .....Respondent Through:

Ms. Rukhmini Bobde, Ms. Soumya Priya Sarshinee, Mr. Amit Kumar Srivastava, Mr. Jatin Dhamija, Mr.

Amlaan Kumar and Mr. Vinayak Aryan, Advs.

CORAM

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 07.05.2025 1.

Learned counsel for the respondent raises objection regarding maintainability of the instant petition, on account of non adherence to the mutual settlement and conciliation provision, as stipulated in Clause 33.1 and 33.2 of the Agreement.

2.

Learned counsel for the petitioner tries to emphasize that the supplementary agreement was executed, and it is thereafter, that the dispute has arisen.

3.

Learned counsel for the petitioner, however, seeks liberty to withdraw the instant petition, with liberty to adhere to the agreed mechanism, in terms of Clause 33.1 and 33.2 of the Agreement, and to file fresh petition under 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 30/06/2025 at 23:51:05

Section 11of the Arbitration and Conciliation Act, 1996, if the conciliation process remains unsuccessful.

4.

In view of the above, with the aforesaid liberty, the instant petition stands dismissed as withdrawn.

5.

All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J MAY 7, 2025/DPA/SP Click here to check corrigendum, if any 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 30/06/2025 at 23:51:05