← Library
High Court of DelhiC.R.P./117/2017

L.I. Consulting Pvt Tld v. Tata Capital Financial Services Ltd. & ANR.

2017-05-19Hon'Ble Ms. Justice Pratibha Rani2 pages

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 117/2017 & CM No.19227/2017 (stay) L.I. CONSULTING PVT LTD ..... Petitioner Through:

Ms.Amrita Grover & Mr.Divyakant Lahoti, Advocates.

versus TATA CAPITAL FINANCIAL SERVICES LTD. & ANR.

..... Respondents Through:

None.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 19.05.2017 1.

This revision petition has been filed on behalf of the petitioner with the prayer for setting aside the order dated 23rd March, 2017, passed by learned ADJ in Arbitration Matters bearing Nos. Arbtn.No.643/16 & 644/16. 2.

Learned counsel for the petitioner submits that the two orders dated 11th November, and 16th January, required the respondent/defendant to summon the arbitral record and the cost was imposed on the respondent/defendant. But vide order dated 23rd March, 2017 learned Trial Court has wrongly imposed the cost of Rs.4,500/- on the petitioner requiring the petitioner to summon the original arbitral record. 3.

In that case the petitioner/plaintiff should have sought review of the order dated 23rd March, 2017 highlighting the error that was apparent on record.

C.R.P. 117/2017

4.

Learned counsel for the petitioner seeks leave to withdraw the petition with liberty to move an application before the learned Trial Court seeking review of the order dated 23rd March, 2016.

5.

The petition is dismissed as withdrawn granting the liberty as prayed. 6.

If the review application is filed, the same shall be heard and disposed of on merits.

7.

Copy of the order be given dasti under the signatures of the Court Master.

PRATIBHA RANI, J.

MAY 19, 2017 'hkaur'

C.R.P. 117/2017