National Projects Construction Corporation Limited v. Ishvakoo ( India ) Private Limited

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 271/2018 & CM APPL. 48929-48931/2018, 48992-48993/2018 NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITED ..... Appellant Through:

Mr.Dhruv Mehta, Sr. Adv. with Mr.Rajat Arora and Ms.Vishalakshi Singh, Advocates.

versus ISHVAKOO (INDIA) PRIVATE LIMITED ..... Respondent Through:

Mr.Arun Kumar Verma, Sr. Adv.

with Mr.Abhay Raj Verma and Mr.Vishal Nautiyal, Advocates.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 29.11.2018 The challenge in this appeal is to the orders dated 20.09.2018 and 30.10.2018.

After some hearing in the matter, it is agreed that without prejudice to the rights and contentions of the parties which have been raised by them in petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, the impugned orders may be set aside and the questions raised may be left open to be decided along with objections filed under Section 34 of the Arbitration and Conciliation Act, 1996, by the respondent. This order will not come in the way of the respondent, in case the

respondent chooses to file a fresh petition under Section 9 of the Arbitration and Conciliation Act, 1996.

Legal objections of the appellant herein are kept open. The present appeal is accordingly disposed of, in the above terms. All pending applications also stand disposed of. G.S.SISTANI, J JYOTI SINGH, J NOVEMBER 29, 2018 ssc FAO(OS) (COMM) 271/2018