High Court of DelhiO.M.P.(I) (COMM.)/258/2018

M/S Hero Wind Energy Private Limited Through Its Authorised Representative & ANR. v. Inox Wind Infrastructure Services Limited & ANR.

2018-10-10Hon'Ble Mr. Justice Navin Chawla2 pages

$~33, 34, 35 & 36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 258/2018 & IA No. 10643/2018

(34) O.M.P.(I) (COMM.) 260/2018

(35) O.M.P.(I) (COMM.) 261/2018

(36) O.M.P.(I) (COMM.) 262/2018 M/S HERO WIND ENERGY PRIVATE LIMITED THROUGH ITS AUTHORISED REPRESENTATIVE & ANR.

LNJ POWER VENTURES LIMITED THROUGH AUTHORISED REPRESENTATIVE ..... Petitioners Through:

Mr.Sudhir Nandrajog, Sr. Adv.

with Mr.Anand Kumar Shrivastava, Ms.Astha Sharma, Ms.Samykya Mukku, Ms.Karishma Thakur & Mr.Utkarsh Pratap, Advs.

versus INOX WIND INFRASTRUCTURE SERVICES LIMITED & ANR.

..... Respondents Through:

Mr.Sudhir Kumar, Mr.Pulkit Srivastava & Ms.Shomita Bakshi, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 10.10.2018 During the course of hearing of these petitions, the learned senior counsel for the petitioners submits that the petitioners would be satisfied if the Arbitral Tribunal is constituted expeditiously to adjudicate the

disputes that have arisen between the parties. He submits that the petitioners have already invoked the Arbitration Agreement and have even nominated Justice Manju Goel, Retd. Judge of this Court as their nominee Arbitrator.

The learned counsel for the respondents submits that even the respondents are in favour of having the disputes expeditiously resolved through arbitration and to this effect have nominated Justice Vijender Jain, Retd. Chief Justice of Punjab and Haryana High Court as their nominee Arbitrator.

The two nominated Arbitrators will now be appointing a Presiding Arbitrator for constitution of the Arbitral Tribunal. It is hoped that this process will be completed by the nominated Arbitrators expeditiously and preferably within a period of two weeks from today. In light of the above, the learned senior counsel for the petitioners prays for leave to withdraw the present petitions with liberty to file appropriate applications under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitral Tribunal, if so advised, including on the issues that have been raised in the present petitions. The petitions are dismissed as withdrawn with liberty as prayed for.

Dasti.

NAVIN CHAWLA, J OCTOBER 10, 2018/rv