Hindustan Power Projects ( P) Ltd v. Changzhou Trina Solar Energy Co Limited & ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 409/2018 & CM No.30320/2018 HINDUSTAN POWER PROJECTS ( P) LTD ..... Appellant Through:

Mr. Amit Sibal, Senior Advocate with Ms. Maneesha Dhir, Mr. KPS Kohli, Ms.

Sharmishta Ghosh & Mr.

Mahipal Singh, Advocates versus CHANGZHOU TRINA SOLAR ENERGY CO LIMITED & ORS ..... Respondents Through

CORAM:

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

O R D E R

% 31.07.2018 The impugned order disposes of the contempt petition filed by the appellant, observing that this is not a case of wilful disobedience. It is observed that the appellant herein has liberty and could invoke legal remedy in the form of execution, arbitration etc. to enforce their alleged rights and claim. We do not think that the impugned order has, affirmatively or negatively, decided on merits the contentions raised by the parties, except observing and holding that the contempt proceedings were not the proper and correct remedy. After some hearing, learned Senior Counsel for the appellant seeks permission to withdraw the present appeal and states that he would raise all contentions and issues in appropriate proceedings in

accordance with law.

The appeal is dismissed as withdrawn. Pending application is also dismissed as withdrawn.

SANJIV KHANNA, J CHANDER SHEKHAR, J JULY 31, 2018 tp