Wanderlust Travels Pvt Ltd v. Delhi Tourism & Transportation Development Corporation Ltd

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 72/2018 and CM Nos. 15988-89/2018 with Cav. No. 350/2018 WANDERLUST TRAVELS PVT LTD.

..... Appellant Through Mr. Vinit Trehan, Adv.

versus DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LTD.

..... Respondent Through Mr. P. C. Sen, Sr. Adv. with Mr. Puja Dewan Seth and Mr. Uday Seth, Mr.

Parth Kochatta and Mr. Kaustubh Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 02.05.2018 After some hearing, counsel for the appellant submits that the appellant would be satisfied if it is clarified that the findings and observations recorded in the impugned order dated 06.04.2018 are merely prima facie and not final and binding findings, as the matter on merits has to be examined and decided by the Arbitration Tribunal. Learned senior counsel for the respondent who appears on an advance notice states that the respondent has no objection if the aforesaid clarification is recorded.

In view of the statement made by the counsel for the parties the appeal is dismissed as withdrawn, with the clarification that the

findings and observations in the impugned order are prime facie and not final. Arbitration Tribunal would form its own opinion on the basis of evidence and material adduced before him/them without being influenced by the impugned order.

CM Nos. 15988-89/2018 are also disposed of as infructuous. SANJIV KHANNA, J CHANDER SHEKHAR, J MAY 02, 2018 b