Silica Infotech Private Limited v. G.M.Northern Railway &ORS

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 618/2015 SILICA INFOTECH PRIVATE LIMITED ..... Petitioner Through:

Mr. Varinder Singh Dhiman & Mr. Karan Sharma, Advocates.

versus G.M.NORTHERN RAILWAY & ORS ..... Respondents Through:

None.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 04.11.2016 I.A. No.13618/2016 & Arb P 618 of 2015

1. Despite service of an advance copy of the application, none appears for the Respondent.

2. The Applicant/Petitioner states that since the value of the claim is more than 20 per cent of the value of the contract, it is not arbitrable in terms of Clause 41.0 of the Special Conditions of Contract and the claimant has to seek other appropriate remedies. Therefore, the Petitioner seeks leave to withdraw the main petition itself with liberty to seek other appropriate remedies.

3. The application is allowed and the order dated 5th September, 2016 is recalled. Arb. P No. 618 of 2015 is dismissed as withdrawn with liberty to the Petitioner to seek other appropriate remedies available to the Petitioner in accordance with law.

4. A copy of this order be sent to the Additional Coordinator, DAC.

5. Order dasti.

S.MURALIDHAR, J.

NOVEMBER 04, 2016 'AA'