Natconn Engineering Private Limited(Nept) v. Jitf Water Infrastructure Limited

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) 498/2015 NATCONN ENGINEERING PRIVATE LIMITED(NEPT) ..... Petitioner Through:

Ms.Anjaneya Mishra & Mr.Ravi Pal, Advs.

versus JITF WATER INFRASTRUCTURE LIMITED ..... Respondent Through:

Mr.V.K. Shukla, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 17.09.2018 The only controversy that remains in the present petition is whether the respondent no. 1 in breach of the status quo order passed on 04.09.2015 by this Court, has operated the escrow account that was opened by the parties in terms of the Agreement dated 27.08.2014. The respondent no. 1 has filed an affidavit annexing therewith a statement of account of the said escrow account which shows that the last transaction in the said account was conducted on 06.05.2015. The learned counsel for respondent no. 1 further states that after that date no transaction has been carried out in the said account.

Whether the respondent no. 1 was entitled to change the escrow account or by changing the escrow account in any way the respondent no. 1 has breached the terms of the Agreement, are questions to be determined by the Arbitral Tribunal and not by this Court in the present proceedings. Learned counsel for petitioner does not make any other submission.

In view of the above, nothing survives in the present petition and the same is disposed of.

NAVIN CHAWLA, J SEPTEMBER 17, 2018/rv