Alstom Systems India Private Limited v. Dedicated Freight Corridor Corporation Of India

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 375/2017 and IA No. 13149/2017 ALSTOM SYSTEMS INDIA PRIVATE LTD ..... Petitioner Through Mr. Abhinav Vasisht, Sr. Adv. with Mr. Dinesh Pardasani, Ms. Naina Dubey and Ms. Priya, Advocates versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA ..... Respondent Through Mr. Udit Seth, Advocate

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 17.04.2018 The learned counsel for the parties submit that both the parties are aggrieved by the resolution arrived at between the parties by the Dispute Adjudication Board (DAB) and have accordingly initiated the next stage of amicable settlement.

In view of the above, as the parties are in the process of an amicable resolution, I see no reason for the interim arrangement that has been made by this Court in its orders dated 18th September, 2017 and 13th November, 2017 to not continue during the pendency of such proceedings. It is made clear that incase the parties are unable to resolve their disputes through amicable settlement and proceed for arbitration, the present interim arrangement shall continue till the Arbitral Tribunal considers the application filed by either party seeking modification/variation/vacation of

the present interim arrangement. If any such application is filed, the same shall be considered by the Arbitral Tribunal uninfluenced by any orders passed by this Court.

The present petition is disposed of in above terms with no order as to costs.

Dasti.

NAVIN CHAWLA, J APRIL 17, 2018/sd