Sks Power Generation (Chhattisgarh) Ltd v. Aquatech Systems (Asia) Pvt Ltd & ANR

$~30 & 31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 212/2016 & CM Nos. 26049-50/2016 SKS POWER GENERATION (CHHATTISGARH) LTD ..... Appellant Through :

Mr Rajiv Nayar, Senior Advocate with Mr A. S. Mathur, Mr Vaibhav Joshi and Mr Vivek Mathur versus AQUATECH SYSTEMS (ASIA) PVT LTD & ANR ..... Respondents Through :

Mr Hiroo Advani with Mr Tariq Khan for R-1.

Mr Pardaman Singh Batra for R-2.

+ FAO(OS) 213/2016 & CM Nos. 26058-26059/2016 SKS POWER GENERATION (CHHATTISGARH) LTD ..... Appellant Through :

Mr Rajiv Nayar, Senior Advocate with Mr A. S. Mathur, Mr Vaibhav Joshi and Mr Vivek Mathur versus AQUATECH SYSTEMS (ASIA) PVT LTD & ANR ..... Respondents Through :

Mr Hiroo Advani with Mr Tariq Khan for R-1.

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 15.09.2016 The learned counsel for the respondent No.1 submits that he may be permitted to withdraw the Section 9 applications, being OMP Nos. 435/2015 and 446/2015, in view of the fact that he would be approaching the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996.

In view of this statement, nothing survives in these appeals. Consequently, the appeals are disposed of with liberty to the respondent No.1 to approach the Arbitral Tribunal for interim measures under Section 17 of the said Act. The impugned order is set aside and the interim orders passed by the learned Single Judge stand vacated. This is without prejudice to the rights of the respondent No.1 to apply for similar reliefs before the Arbitral Tribunal under Section 17. The appeals stands disposed of accordingly.

Dasti under the signature of the Court Master. BADAR DURREZ AHMED, J ASHUTOSH KUMAR, J SEPTEMBER 15, 2016 SR