Siemens Limited v. Lanco Solar Energy Private Limited

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) 242/2015 SIEMENS LIMITED ..... Petitioner Through Mr.C.Mukund, Adv.

with Ms.Firdouse Qutbwani & Mr.S.M.

Vivek Anandh, Advs.

versus LANCO SOLAR ENERGY PRIVATE LIMITED ..... Respondent Through Ms.Aditi Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 09.03.2016 The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996. On 20th May, 2015, the following order was passed:- "IA 10921-10922/2015 Exemption allowed subject to all just exceptions. Applications stand disposed of.

OMP (I) 242/2015 Issue notice to the respondent, returnable on 01st September, 2015.

Subject to the petitioner keeping alive the bank guarantee No.429GT01120270002, dated January 27, 2012, for an amount of Rs.2,09,50,000/-, the respondents shall maintain status quo with regard to invocation of the bank guarantee till the next date

of hearing.

Dasti under the signature of the Court Master." Learned counsel for the respondent states that the reply is ready and she would be filing the same within one week. Both the parties are agreeable that since the Arbitral Tribunal consisting of three Arbitrators has already entered upon reference and the proceedings are under progress, the interim order already passed may continue and the present petition may be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 by the Arbitral Tribunal.

Ordered accordingly. Learned counsel for the petitioner is agreeable to file all the pleadings in this regard. The interim order already passed on 20th May, 2015 shall continue till the time it is vacated or modified by the Arbitral Tribunal. Rest of the prayers will be considered by the Arbitral Tribunal. The petition is accordingly disposed of. MANMOHAN SINGH, J.

MARCH 09, 2016/ka