Angelique International Limited v. Ssjv Projects Private Limited & Another

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 70/2016 & I.A. No.3931/2016 ANGELIQUE INTERNATIONAL LIMITED ..... Petitioner Through Mr.Harish Malhotra, Sr. Adv. with Mr.Tarun Singla and Mr.K.C. Joshi, Advs.

versus SSJV PROJECTS PRIVATE LIMITED & ANOTHER ..... Respondents Through Mr.Sachin Dutta, Sr. Adv. with Ms.Supriya Jain and Mr.Kanupriya Tiwari, Advs. for R-1.

Mr.Milanka Chaudhury, Adv. with Ms.Naina Dubey, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 05.09.2016 In view of order dated 5th September, 2016 passed in arbitration petition, being Arb.P. 442/2016, both the parties agree that the respondent shall not release the retention amount in favour of respondent No.1. However, let the said amount be deposited in the name of the Registrar General by the respondent No.2 directly in this Court. Both the parties also agree that the present Section 9 petition be treated as an application under Section 17 of the Act and the pleadings of this petition would be filed by the petitioner before the Arbitrator within two weeks. Ordered accordingly. Learned counsel for the respondent No.1 has no objection if the interim order shall continue till the same is modified or vacated by the

Arbitrator. Ordered accordingly.

As agreed by both the parties, the said interim order will not come in the way of deciding the application on merits by the Arbitrator.

The petition is accordingly disposed of.

MANMOHAN SINGH, J.

SEPTEMBER 05, 2016/jk