Techno Fac Contracts Private Ltd v. Vipul It Infrasoft Pvt. Ltd .

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 281/2016 & IA 5805/2016 TECHNO FAC CONTRACTS PRIVATE LTD ..... Petitioner Through Mr.N.K.Tripathi, Adv.

versus VIPUL IT INFRASOFT PVT. LTD .

..... Respondent Through Mr.Nitish Sharma, Mr.Rupesh Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.10.2017 Counsel for the respondent has drawn the attention of this Court to clause 12.3 of the Agreement to Sub-Lease Unit in Logix Technova dated 21st May, 2012 to contend that the Courts at NOIDA have exclusive jurisdiction in relation to the arbitration proceedings and all other matters connected to arbitration and any dispute etc. Faced with this, counsel for the petitioner seeks leave to withdraw the present petition with liberty to file the same before the appropriate High Court.

The petition is dismissed as withdrawn with liberty as prayed. IA 5805/2016 This Court by an order dated 10th May, 2016 had restrained the respondent from cancelling Unit bearing No. B-604, Tower B, Logix Technova, Plot -04, Sector -132, NOIDA (UP) allocated in the name of the petitioner. As the petitioner is withdrawing the arbitration petition with liberty to file the same before appropriate High Court, he

prays that this interim protection be extended for further period of four weeks to enable him to seek appropriate relief from such Court. In the facts and circumstances of the case, I deem it appropriate to grant such prayer. Interim protection granted in terms of order dated 10th May, 2016 is therefore, extended for a further period of 4 weeks from today.

Application is disposed of.

NAVIN CHAWLA, J OCTOBER 25, 2017 RN