Simplot India Foods Pvt.Ltd. v. Himalya International Limited

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 229/2017 SIMPLOT INDIA FOODS PVT.LTD.

..... Petitioner Through Ms. Madhu Swati, Adv.

versus HIMALYA INTERNATIONAL LIMITED ..... Respondent Through Mr. Puneet Tyagi and Mr. Aviral Dhirendra, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 06.12.2018 I.A. No.16679/2018 Issue notice. Ms. Madhu Swati accepts notice on behalf of the non-applicant/petitioner. Learned counsel says that she does not wish to file a reply in view of what is to be noted hereafter: Learned counsel for the applicant/respondent says that the Section 9 Petition filed under the Arbitration and Conciliation Act, 1996, by the non-applicant/petitioner has been rendered infructuous for two reasons: (i) firstly, on account of order dated 09.10.2018, passed by the Singapore International Arbitration Centre (in short 'SIAC') and (ii) secondly, on account of the applicant/respondent giving up on abandoning/withdrawing the Scheme of Arrangement, which was preferred before the NCLT, Delhi Bench. Ms. Madhu Swati, who, appears on advance notice on behalf of the non-applicant/petitioner, affirms the fact that SIAC has passed the O.M.P.(I) (COMM.) 229/2017

aforementioned order. Learned counsel says that she has no objection to the prayer being allowed. It is ordered accordingly. The application is disposed of in the aforesaid terms. O.M.P.(I) (COMM.) 229/2017, I.A. Nos. 2824/2018, 5970/2018, 7306/2018 & 7979/2018 & CCP (O) 42/2017 In view of the order passed in I.A. No.16679/2018, nothing survives in the Section 9 petition and the same is, accordingly, disposed of.

Consequently, all pending applications as also the Contempt Petition shall stand closed.

RAJIV SHAKDHER, J DECEMBER 06, 2018 O.M.P.(I) (COMM.) 229/2017