Reliance Commercial Finance Limited v. Vir Chand Maini & ANR.

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 102/2017 RELIANCE COMMERCIAL FINANCE LIMITED ..Decree Holder. Through Mr.Rajat Katyal, Adv.

versus VIR CHAND MAINI & ANR.

.....Judgment Debtors.

Through Mr.Manak Budhraja, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 25.09.2017 1.

This execution petition is filed under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') for enforcement of the domestic award dated 04.02.2017.

2.

The learned counsel for the judgment debtors submits that the judgment debtors have filed objections under Section 34 of the Act being OMP (COMM.) 253/ 2017 in which notice has been issued by this court on 18.08.2017. He further submits that the invocation of the arbitration clause in the present case took place prior to October, 2015 and accordingly, unamended provisions of the Act would apply and this award is not enforceable in view of the orders passed by this court in O.M.P. (COMM.) 253/2017.

3.

The learned counsel for the decree holder submits that he would like to withdraw the present petition with liberty to take steps at the appropriate

stage as per law.

4.

Granting liberty as prayed, the petition is dismissed as withdrawn. JAYANT NATH, J.

SEPTEMBER 25, 2017/rk OMP (ENF.) (COMM.) 102/2017