Anurag Enterprises v. Nbcc Ltd. & ANR

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2288/2017 ANURAG ENTERPRISES ..... Petitioner Through:

Mr Manish Vashisht and Mr Manish Vashishta, Advocates.

versus NBCC LTD. & ANR ..... Respondents Through:

Mr Karan Sharma, Mr Mohit Siwah, Advocates for R-1.

Mr R. M. Tripathi, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.03.2019 1.

After some arguments, learned counsel appearing for the petitioner seeks to withdraw the present petition with liberty to file appropriate proceedings, as the dispute essentially relates to the contractual liabilities of the parties. He, however, requests that the time spent by the petitioner in pursuing the present petition be excluded for the purpose of limitation. 2.

The petition is dismissed as withdrawn with the aforesaid liberty. 3.

In the event, the petitioner files a suit for recovery of the amounts deducted by the respondent within a period of three weeks, from today, it will be open for the petitioner to file an appropriate application seeking exclusion of the time spent by the petitioner, in pursuing before this Court. 4.

Needless to state that such application would be considered in accordance with law.

VIBHU BAKHRU, J MARCH 18, 2019/ MK