Gemalto Digital Security Private Ltd. v. Videocon Telecommunications Ltd.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 290/2016 GEMALTO DIGITAL SECURITY PRIVATE LTD.

..... Petitioner Through:

Mr. Arun Kathpalia, Senior Advocate with Mr. Monish Panda, Mr. Avneesh A., Mr.

Anupam Pandey & Mr. Mrinal Bharat, Advocates.

versus VIDEOCON TELECOMMUNICATIONS LTD. & ANR...... Respondents Through:

Mr. Sandeep S. Ladda, Mr. Devender Singh, Mr. Kunal Godwani, Advocates.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 26.10.2016

1. It is stated that the arbitration proceedings are in progress and are at the stage of cross-examination of the Respondents' witnesses. The interim reliefs of requiring the Respondent to deposit the unpaid amount of in this Court cannot be granted at this stage.

2. As far as restraining the Respondents from disposing of any of its assets is concerned, the Petitioner has to come forth with better particulars. The Petitioner has to ascertain which of the assets of the Respondents remain unencumbered.

3. Mr. Kathpalia, learned Senior Advocate appearing for the Petitioner requests that the Petitioner may be permitted to withdraw the petition with liberty to file a fresh petition in accordance with law. O.M.P.(I) (COMM.) 290/2016

4. Considering that the arbitration proceedings are in progress, while permitting the petition to be withdrawn, liberty is granted to the Petitioner to file, in the first instance, a petition for appropriate interim relief before the Arbitral Tribunal and thereafter, if the Petitioner is still aggrieved, the Petitioner may seek further appropriate relief in accordance with law.

5. The petition is disposed of.

OCTOBER 26, 2016 S. MURALIDHAR, J.

b'nesh O.M.P.(I) (COMM.) 290/2016