Hexa Tradex Limited v. Force Shipping Line Co & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2118/2014 & I.A. 172/2018 HEXA TRADEX LIMITED .....Plaintiff Through:

Mr. Nilava Bandyopadhyay and Ms.

Ankita Sinha, Advs.

versus FORCE SHIPPING LINE CO & ANR .....Defendants Through:

None.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 18.10.2024 1.

The learned counsel appearing on behalf of the plaintiff submits that there are three defendants in the present matter. The defendant nos. 2 and 3 were proceeded against ex parte vide order dated 14.08.2014 whereas the learned counsel for the defendant no. 1 had sought discharge and there has been no appearance on behalf of the defendant no. 1 since 13.02.2024. 2.

The learned counsel appearing on behalf of the plaintiff submits that he has instructions to withdraw the present suit with liberty to revive the same in case the defendant no. 1 seeks to enforce the final awards dated 29.03.2016 and 09.07.2017 passed by the learned Arbitrator. 3.

He submits that in view of the law laid down by Hon'ble Supreme Court in Government of India vs. Vedanta Ltd. & Ors. (2020) 10 SCC 1 the award has become unenforceable in law since a period of three years has 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 24/10/2024 at 12:52:00

elapsed from the date of the award.

4.

In view of the above, the plaintiff is allowed to withdraw the suit with liberty to revive the same in case the defendant no. 1 seeks to enforce the aforesaid final awards dated 29.03.2016 and 09.07.2017. 5.

The suit stands disposed of in the above terms. VIKAS MAHAJAN, J OCTOBER 18, 2024 N.S. ASWAL 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 24/10/2024 at 12:52:00