High Court of DelhiO.M.P.(I) (COMM.)/383/2018

Hindustan Prefab Ltd. v. M/S. Ncc Ltd.

2018-09-28Hon'Ble Mr. Justice Navin Chawla1 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 383/2018 HINDUSTAN PREFAB LTD.

..... Petitioner Through: Mr.P.K.Mehndiratta, Adv.

versus M/S. NCC LTD.

..... Respondent Through: Nemo

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 28.09.2018 IA 13375/2018 Exemption allowed subject to all just exceptions. OMP(I)(COMM) 383/2018 & IAs 13374/2018(stay), 13376/2018 (delay) This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) has been filed by the petitioner challenging the order dated 18.06.2018 passed by the Sole Arbitrator rejecting the application filed by the petitioner seeking impleadment of the National Law University,Orissa, as respondent no.2 in the arbitration proceedings. In my view, the said order cannot be challenged under Section 9 of the Act. Counsel for the petitioner at this stage prays for leave to withdraw the present petition with liberty to avail such other remedy as may be available to the petitioner. The petition is dismissed as withdrawn with liberty as prayed for.

NAVIN CHAWLA, J SEPTEMBER 28, 2018/RN