Delhi Metro Rail Corporation Ltd v. M/S Ijm-Ijmii Jv & ORS

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 17/2015 DELHI METRO RAIL CORPORATION LTD ..... Petitioner Through Mr.N.K. Kaul, ASG with Mr.Jatan Singh, Mr.Yanyat Lodha and Mr.Pawan Madhukar, Advs.

versus M/S IJM-IJMII JV & ORS ..... Respondents Through Ms.Madhu Sweta, Adv. with Mr.Saurabh Bindal, Adv. for R-1 to 3.

Ms.Gunjan Sinha Jain, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 20.05.2016 The present petition is filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator. Mr.Kaul, learned ASG, concluded his submissions on 25th April, 2016. The matter was adjourned to 17th May, 2016 when Mr.Sethi, learned Senior counsel appearing on behalf of the respondent No.2 argued that since respondent No.2 is from Kuala Lumpur, Malaysia, the present petition ought to have been filed in Supreme Court. In order to avoid any controversy in future with regard to the objection of Section 2(1)(f) of the Act raised by the respondent No.2, the petitioner seeks liberty to withdraw the present petition

with liberty to file before the Supreme Court. Under these circumstances, the present petition be treated as withdrawn. Liberty as sought is granted. MANMOHAN SINGH, J.

MAY 20, 2016/jk