G S Express Pvt Ltd v. Land Port Authority Of India & ORS.
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 187/2025 G S EXPRESS PVT LTD .....Petitioner Through:
Mr. Rajiv Nayar, Senior Advocate with Mr. Saurabh Seth, Mr. Pratham Mehrotra, Mr. Prabhav Bahuguna, Ms. Neelampreet Kaur and Mr. Abhi Roop Rathore, Advocates.
versus LAND PORT AUTHORITY OF INDIA & ORS. .....Respondents Through:
Mr. Siddharth, Mr. Prateek Goyal and Mr. Harshil M., Advocates for R-1.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 20.05.2025 I.A. 12853/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
O.M.P.(I) (COMM.) 187/2025 3.
This petition is filed on behalf of the Petitioner under Section 9 of Arbitration and Conciliation Act, 1996 ('1996 Act') inter alia restraining the Respondents from encashing Performance Bank Guarantee bearing No. 07211GP241044426 dated 28.03.224 for a sum of Rs. 2,16,22,950/-. 4.
Learned counsel, appearing on advance copy of the petition, on behalf of Respondent No. 1 submits, on instructions, that the said Respondent wishes to explore the possibility of conciliation between the parties before taking recourse to arbitration.
O.M.P.(I) (COMM.) 187/2025 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 01/07/2025 at 16:25:00
5.
Mr. Rajiv Nayar, learned Senior Counsel for the Petitioner, on instructions, has no objection to this course of action and seeks to withdraw the petition with liberty to attempt conciliation between the parties. 6.
Petition is disposed of as withdrawn.
7.
Parties will make sincere efforts towards conciliation of the disputes. 8.
It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the parties are left open. JYOTI SINGH, J MAY 20, 2025/RW O.M.P.(I) (COMM.) 187/2025 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 01/07/2025 at 16:25:00