Cholamandalam Investment And Finane Company Ltd (Formerly Known As Cholamandalam Dbs Finance Ltd) v. Anil Kumar Jain & ORS

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 23/2014 CHOLAMANDALAM INVESTMENT AND FINANE COMPANY LTD (FORMERLY KNOWN AS CHOLAMANDALAM DBS FINANCE LTD) ..... Decree Holder Through: Mr.Virender Negi, Adv.

versus ANIL KUMAR JAIN & ORS ..... Judgement Debtors Through:

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 12.05.2016 EA(OS) 361/2016(u/S 151 CPC-by decree holder) This is an application for withdrawing EA(OS) no.209/2016. Learned counsel for the decree holder states that the said application was filed under the belief that the judgment debtor has not filed an application under Order 9 Rule 13 CPC before the learned Arbitrator. According to him, the decree holder has come to know that such an application in fact has been filed before the learned Arbitrator. Accordingly, EA(OS) no.209/2016 is dismissed as withdrawn.

EA(OS) no.361/2016 is disposed of.

As this application has been withdrawn, the date of 23rd August, 2016

stands cancelled. The liberty as granted by this Court to revive the petition in case the application under Order 9 Rule 13 CPC filed by the judgment debtor before the learned Arbitrator is not successful would continue. V. KAMESWAR RAO, J MAY 12, 2016 RN