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High Court of DelhiO.M.P.(I) (COMM.)/316/2018

Ncml Finance Pvt. Ltd. v. Kowsalya

2018-08-07Hon'Ble Mr. Justice Rajiv Shakdher1 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 316/2018 & I.A. 10448-49/2018 NCML FINANCE PVT. LTD.

..... Petitioner Through Mr. Amit Bajaj, Adv.

versus KOWSALYA ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 07.08.2018 1.

After some arguments, learned counsel for the petitioner seeks to withdraw the petition to approach the appropriate Court. 2.

It is not disputed before me that the Master Facility Agreement was executed in Tamil Nadu. Furthermore, Clause 30 of the said Agreement obtaining between the parties, which, incorporates the arbitration agreement speaks about the „venue‟ and not the „seat‟ of arbitration being in Delhi. 3.

Accordingly, the petition is dismissed as withdrawn with liberty as prayed for.

4.

Consequently, pending applications shall stand closed. RAJIV SHAKDHER, J AUGUST 07, 2018 rb