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High Court of DelhiEFA(OS) (COMM)/23/2024

Shristi Infrastructure Development Corporation Limited v. Rishima Sa Investments Llc (Mauritius)

2024-12-02Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Mr. Justice Saurabh Banerjee2 pages

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EFA(OS) (COMM) 23/2024 and CM APPL. 70319/2024 SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED .....Appellant Through:

Mr. Jayant Mehta, Senior Advocate with Mr. Vijay K. Singh, Mr. Kumar Shashwat Singh and Mr.

Nishant Goyal, Advocates.

versus RISHIMA SA INVESTMENTS LLC (MAURITIUS) .....Respondent Through:

Appearance not received.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 02.12.2024 CM APPL. 70320/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

EFA(OS) (COMM) 23/2024 3.

This is an appeal filed under Section 50(1)(b) of the Arbitration and Conciliation Act, 1996 to assail the interim order dated 26.11.2024 passed by the learned Single Judge in O.M.P.(EFA) (COMM) 5/2019. 4.

At the very outset, learned counsel for the respondent, who appears on advance notice, seeks to oppose the very maintainability of the appeal. In the light of this objection taken by the respondent, learned senior counsel for the appellant, on instructions, submits that instead of pressing the appeal, the 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 04/12/2024 at 12:02:58

appellant will urge all permissible grounds before the learned Single Judge where the O.M.P.(EFA)(COMM) 5/2019 is still pending consideration. He, therefore, seeks leave to withdraw the appeal, with liberty to raise all permissible grounds, including the grounds raised in the present appeal, before the learned Single Judge.

5.

The appeal is, accordingly, disposed of as not pressed, with liberty as prayed for, making it clear that this Court has not expressed any opinion on the merits of the grounds raised in the present appeal. REKHA PALLI, J SAURABH BANERJEE, J DECEMBER 2, 2024/uk 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 04/12/2024 at 12:02:58