Castmaster Mobitec India Pvt Ltd v. Delhi Transport Corporation

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 226/2018 & CM Nos.41087-88/2018 CASTMASTER MOBITEC INDIA PVT LTD..... Appellant Through :

Dr. Arun Mohan, Sr. Adv. with Mr. Saurabh Jain, Ms. Sarika and Mr. Kuber Giri, Advs.

versus DELHI TRANSPORT CORPORATION ..... Respondent Through :

Mrs. Avnish Ahlawat, Standing Counsel with Mr. Nitish Singh and Ms. Palak Rohmetra, Advs.

for DTC.

CORAM:

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

O R D E R

% 03.10.2018 It is stated that the appellant has urged the question, which is sought to be agitated in the present appeal, in the review proceedings as well. In these circumstances, this court is of the opinion that the appellant should not pursue its appellate remedy but rather approach this court, having regard to the final decision in the review proceedings.

It is clarified that in the event the appellant's plea is not accepted by the learned Single Judge on the questions urged in this appeal (i.e. whether permission was sought and given by the statutory

authorities for the advertisement which forms the subject matter of the arbitral proceedings), that issue would be examined on the merits in the appeal as well.

This appeal is accordingly dismissed as withdrawn but with liberty as stated above. The pending applications also stand dismissed.

S. RAVINDRA BHAT, J A. K. CHAWLA, J OCTOBER 03, 2018 aj