M/S Gupta Bros. (India) v. India Tourism Development Corporation Ltd.(Itdc)

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 764/2018 M/S GUPTA BROS. (INDIA) ..... Petitioner Through: Mr.Gaurav Dudeja, Ms.Nameeta, Advs.

versus INDIA TOURISM DEVELOPMENT CORPORATION LTD.(ITDC) ..... Respondent Through: Mr.Gaurav Goyal, Ms.Parul Sharma, Ms.Aakriti Saxena, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 09.10.2018 IA 13771/2018 Exemption allowed subject to all just exceptions. ARB.P. 764/2018 Counsel for the respondent, who appears on an advance notice submits that the respondent has appointed Justice B.D.Ahmad (Retd.), Former Chief Justice of Jammu and Kashmir High Court, as the Sole Arbitrator for adjudicating the disputes that have arisen between the parties.

Counsel for the petitioner submits that though the appointment may not be in terms of the Arbitration Agreement read with the amended provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟), he has no objection on the named Arbitrator being appointed. He further submits that this petition was filed prior to receiving any intimation of the appointment

and therefore, once he has come to know of such appointment, he has no objection in the same.

In view of the above, counsel for the petitioner prays for leave to withdraw the present petition.

The petition is dismissed as withdrawn.

NAVIN CHAWLA, J OCTOBER 09, 2018 RN