Simplex Infrastructures Ltd v. Indian Oil Corporation Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 97/2023 and I.A. 9774/2023 SIMPLEX INFRASTRUCTURES LTD .....Petitioner Through:

Mr. Jayant Mehta, Sr. Adv.

with Mr. Aayush Agarwala, and Mr. Parag Chaturvedi, Advs.

versus INDIAN OIL CORPORATION LIMITED .....Respondent Through:

Mr.

V.N.

Koura and Ms.

Paramjeet Benipal, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) % 04.09.2024 1.

Mr. Mehta, learned Senior Counsel for the petitioner, on instructions, seeks leave to withdraw this petition with liberty to move an application before the learned Arbitral Tribunal constituted by order dated 3 September 2024 in Arb. P. 851/2023 ventilating the relief sought in this petition as an application under Section 17 of the Arbitration and Conciliation Act, 19961. He seeks liberty to move an application tomorrow itself as the Arbitral Tribunal stands constituted. 2.

By order dated 3 September 2024 passed in Arb. P. 851/2023, this Court has requested Hon'ble Dr. Justice S. Muralidhar, former Chief Justice of the High Court of Odisha, to arbitrate on the dispute. 1 "the 1996 Act", hereinafter O.M.P.(I)(COMM.) 97/2023 KUMAR 18:15:36 By:CHANDRASHEKHARAN HARI SHANKAR 18:14:40

3.

Leave and liberty is granted, as sought by Mr. Mehta. 4.

The petition is disposed of, in the aforesaid terms. 5.

Let a copy of this order be given to both sides dasti under the signatures of the Court Master.

C.HARI SHANKAR, J SEPTEMBER 4, 2024/yg Click here to check corrigendum, if any O.M.P.(I)(COMM.) 97/2023 KUMAR 18:15:36 By:CHANDRASHEKHARAN HARI SHANKAR 18:14:40