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High Court of DelhiFAO(OS) (COMM)/131/2019

M/S Aar Ess & Co v. M/S Haryana State

2020-09-18Hon'Ble Mr. Justice Rajiv Sahai Endlaw,Hon'Ble Ms. Justice Asha Menon2 pages

$~2&3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 130/2019, CM APPL No. 26561/2019 (for treating the instant appeal commercial in nature). AAR ESS & CO.

..... Appellant Through:

Mr. Abdhesh Chaudhary and Ms.

Manisha Suri, Advs.

versus HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED ..... Respondent Through:

None.

AND + FAO(OS) (COMM) 131/2019, CM APPL. No. 26569/2019 (for treating the instant appeal commercial in nature). AAR ESS & CO ..... Appellant Through:

Mr. Abdhesh Chaudhary and Ms.

Manisha Suri, Advs.

Versus

HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 18.09.2020 [VIA VIDEO CONFERENCING] CM APPL. 23059/2020 in FAO(OS) (COMM) 130/2019 and CM APPL. 23058/2020 in FAO(OS) (COMM) 131/2019 (both of the appellant for unconditional withdrawal of appeals).

1.

None appears for the respondent.

2.

Vide order dated 29th May, 2019 notice of both these appeals against FAO(OS) (COMM) 130/2019 & FAO(OS) (COMM) 131/2019 Page 1 of 2

the order/judgment of the Single Judge, partly allowing the application of the respondent under Section 34 of the Arbitration and Conciliation Act, 1996, was issued for 4th November, 2019.

3.

On 4th November, 2019 the lawyers were abstaining from work and noting that the service of notice was complete, the appeals were posted for hearing on 19th May, 2020.

4.

On 19th May, 2020 or thereafter the appeals could not be taken up owing to the prevalent pandemic.

5.

These applications have been filed for unconditional withdrawal of the appeals.

6.

The counsel for the appellant/applicant supports the applications. 7.

In the circumstances aforesaid it is not deemed necessary to issue notice to the respondent.

8.

The applications are allowed and disposed of. FAO(OS) (COMM) 130/2019 & CM APPL No. 26561/2019 (for treating the instant appeal commercial in nature) and FAO(OS) (COMM) 131/2019 & CM APPL. No. 26569/2019 (for treating the instant appeal commercial in nature).

9.

The appeals are dismissed as withdrawn.

10.

The next dates of hearing if any given, are cancelled. RAJIV SAHAI ENDLAW, J ASHA MENON, J SEPTEMBER 18, 2020/'pp'

FAO(OS) (COMM) 130/2019 & FAO(OS) (COMM) 131/2019 Page 2 of 2