Jaguar Farms Pvt. Ltd. & ORS. v. Bdr Builders And Developers Pvt. Ltd.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(T) 6/2017, IA 6387/2017 JAGUAR FARMS PVT. LTD. & ORS.

..... Petitioners Through:

Mr. Tanmaye Mehta with Ms. Mallika Bhatia, Mr. Anurag Sarag, Mr. Siddhant Singh & Mr. Amrish Gupta, Advs.

versus BDR BUILDERS AND DEVELOPERS PVT. LTD.

..... Respondent Through:

Mr. Sanjay Goswami, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 03.10.2018 1.

There are two prayers made in the petition. According to Mr. Mehta, prayer (a) stands satisfied as Mr. R.K. Mishra, who was acting as the Arbitrator, has chosen to withdraw from the proceedings. 2.

Insofar as prayer (b) is concerned, Mr. Mehta says that he does not wish to press the same as in another arbitration proceeding between the parties herein are on which may impact prayer (b). 3.

In these circumstances, Mr. Mehta says that the petition may be closed, for the moment, with liberty to revive the same if necessary. 4.

Accordingly, the petition is closed insofar relief sought in prayer clause (b) is concerned.

4.1 Needless to say, as and when the petition is sought to be O.M.P.(T) 6/2017 Page 1 of 2

revived, notice will be given to the respondent as well as to its counsel.

5.

I may also note that it is Mr. Goswami's contention that the other arbitration which is presently on between the parties herein has nothing to do with the subject matter covered by the instant petition. 5.1 This aspect should be examined if and when an attempt is made by the petitioner to reopen the instant petition. 6.

It is however made clear that if the respondent wishes to appoint an Arbitrator in connection with instant proceeding, it will give one week's prior notice to the petitioner. 7.

Accordingly, the pending interim application shall also stand closed.

RAJIV SHAKDHER, J OCTOBER 03, 2018 Ak O.M.P. (T) 6/2017 Page 2 of 2