M/S Shapoorji Pallonji & Company Pvt Ltd v. Hbn Homes Colonisers Pvt. Limited & ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 315/2018 M/S SHAPOORJI PALLONJI & COMPANY PVT LTD ..... Petitioner Through: Mr.Ciccu Mukhopadhyay, Sr. Adv. with Mr.Indranil Ghosh, Mr.Kunal Singh, Mr.Paller Moktan, Advs.

versus HBN HOMES COLONISERS PVT. LIMITED & ORS.

..... Respondents Through: Mr.Pawan Upadhyay, Mr.Rajesh, Mr.Ankit Vij, Mr.Krishna Kanodia, Mr.Rajeev, Advs. for R-1-2 Mr.Mahfooz Nazki, Mr.Sahil Khanna, Advs. for R-3

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 10.12.2018 At the outset, it was put to the learned senior counsel for the petitioner that in the absence of any order staying the enforcement of the Arbitral Award, the same has become enforceable and therefore, the proper remedy for the petitioner would be in form of a petition under Section 36 of the Arbitration and Conciliation Act, 1996. Learned senior counsel for the petitioner prays for leave to withdraw the present petition with liberty to file an appropriate proceeding seeking enforcement of the Arbitral Award. The petition is dismissed as withdrawn with liberty as prayed for.

Subject to any other order being passed by a competent Court of jurisdiction, the Interim Order dated 07.08.2018 shall remain in force till 15.01.2019.

Dasti.

NAVIN CHAWLA, J DECEMBER 10, 2018 RN