M/S Rescom Mineral Trading Fze v. M/S Pt Asmin Koalindo Tuhup And Others

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 437/2025 and I.A. 25945/2025 M/S RESCOM MINERAL TRADING FZE .....Petitioner Through:

Mr. Arvind Nayar, Senior Advocate with Mr. Avishkar Singhvi, Mr. Divyam Agarwal and Ms. Sakshi Raman, Advocates versus M/S PT ASMIN KOALINDO TUHUP AND OTHERS .....Respondents Through:

Mr.

Jeevesh Nagrath, Senior Advocate with Ms. Mazag Avirabi and Ms. Nitya Maheshwari, Advocates for R-1.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 17.10.2025 1.

This petition is filed on behalf of the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 seeking multiple interim reliefs. 2.

At the outset, Mr. Jeevesh Nagrath, learned Senior Counsel appearing for Respondent No.1 takes an objection to the maintainability of this petition on the ground that Petitioner has concealed material facts and documents from this Court. It is submitted that one of the reliefs sought in the present petition is for an ad-interim order staying the effect of termination of LongTerm Agreement dated 29.08.2023, however, Petitioner has deliberately not pleaded that the termination order was accepted vide e-mail dated 15.09.2025 and the said document has not been filed. Attention of the Court is also drawn to the Statement of Truth filed in support of the petition stating O.M.P.(I) (COMM.) 437/2025 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 25/10/2025 at 11:54:14

that all documents in power, possession, control or custody, pertaining to facts of the proceedings have been disclosed and copies have been filed, which is false and therefore, this petition deserves to be dismissed at the outset.

3.

Mr. Arvind Nayar, learned Senior Counsel for the Petitioner, on instructions, seeks to withdraw the petition with liberty to file a fresh petition with complete particulars and documents on the same cause of action.

4.

Petitioner is permitted to withdraw the petition with liberty as prayed for, noting that since the Petitioner is withdrawing the petition, Court is refraining from making any observation on its conduct at this stage. 5.

Petition is disposed of as withdrawn.

JYOTI SINGH, J OCTOBER 17, 2025/YA O.M.P.(I) (COMM.) 437/2025 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 25/10/2025 at 11:54:14