Shipping Corporation Of India Limited v. The Council Of Scientific Industrial Research (Csir) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5286/2012 SHIPPING CORPORATION OF INDIA LIMITED ..... Petitioner Through:

Mr C. Mukund and Mohd. Faris, Advocates.

versus THE COUNCIL OF SCIENTIFIC INDUSTRIAL RESEARCH (CSIR) & ANR ..... Respondents Through:

Mr Ravi Sikri, Senior Advocate with Mr Deepank Yadav and Mr Vaibhav Kalra, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.07.2017 Mr Mukund, learned counsel appearing for the petitioner, on instructions, seeks to withdraw the present petition on the ground that it has now been authoritatively held by the Supreme Court in Northern Coalfield Ltd. v. Heavy Engineering Corp. Ltd. & Anr.: 2016 (8) SCC 685 that the provisions of Arbitration and Conciliation Act, 1996 would not be applicable to the permanent machinery of arbitration (PMA). Consequently, this Court has also rejected the respondent's application under Section 36 of the Arbitration and Conciliation Act, 1996 for enforcing the award, which is sought to be assailed by the petitioner in this petition. The petition and the pending application are dismissed as withdrawn with the liberty to the parties to take such steps as available in law.

The Registry is directed to release the amount deposited by the petitioner in terms of order dated 05.09.2012 to the petitioner along with interest within a period of two weeks from today. VIBHU BAKHRU, J JULY 27, 2017 MK