Mahanagar Telephone Nigam Limited v. Omnitel Industries Pvt. Ltd.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 434/2018 MAHANAGAR TELEPHONE NIGAM LIMITED ..... Petitioner Through Mr. Ajay Pal Singh Kullar and Ms. K.

Gayatri, Advs.

versus OMNITEL INDUSTRIES PVT. LTD.

..... Respondent Through Mr. R.D. Sharma, Mr. Rajat Sharma and Mr. Chetan Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 12.10.2018 CAV 951/2018 Since, Mr. R.D. Sharma has entered appearance on behalf of the respondent, the caveat is discharged.

O.M.P. (COMM) 434/2018 & I.A. Nos. 14201/2018, 14202/2018 and 14203/2018 Learned counsel for the petitioner seeks to withdraw the captioned petition with liberty to take recourse to appropriate proceedings under the Arbitration Act, 1940 (in short '1940 Act'). The only concern of the petitioner is that the time spent in prosecuting the captioned petition may not be excluded from proceedings taken under the 1940 Act.

2.1 Learned counsel for the respondent says that he has no objection if the time spent in prosecuting the instant petition is excluded.

Petition is dismissed as withdrawn.

It is made clear that the time spent in prosecuting the instant petition will be excluded.

RAJIV SHAKDHER, J OCTOBER 12, 2018/A