Atlanta Ltd v. National Highways & Infrastructure Development Corporation Ltd & ANR

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 51/2018 AND CM APPL. 11108-11109/2018 ATLANTA LTD ..... Appellant Through Ms. Meenakshi Arora, Sr. Adv.

with Mr.

Chirag M.

Shroff, Ms.Neha Sangwan and Ms.

Bhavna, Advs.

versus NATIONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD & ANR ..... Respondents Through Mr. Rajiv Bansal, Sr. Adv. with Mr. Gaurav Mahajan, Mr. Ritesh Bajaj and Mr. Kabir Shankar Bose, Advs. alongwith Mr. Anil Kumar Jha, Junior Manager (Legal).

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 10.04.2018 Appellant's grievance is with respect to the order of the ld. Single Judge, who dismissed the application under Section 9 of the Arbitration and Conciliation Act. After some hearing, Ms. Arora, learned Sr. Counsel submitted that the observations including the admissions recorded by the learned Single Judge in the impugned order should not be construed as an expression on merits since the main dispute is the subject matter of an arbitration clause. In view of the statement, this Court is of the opinion that the

observations in the impugned order - including the recording of admission, if any, should not be held to be determinative or conclusive of the appellant's rights or confer any advantage to the respondent in the substantive proceedings.

In view of the above order, Ms. Meenakshi Arora, learned Senior Counsel for the appellant seeks liberty to withdraw the appeal. FAO(OS) (COMM) 51/2018 dismissed as withdrawn. All the pending application also stand disposed of. S. RAVINDRA BHAT, J A. K. CHAWLA, J APRIL 10, 2018 rc