National Council Of Science Museums v. Bridge And Roof Company (India) Ltd

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 492/2018 & I.A. Nos. 16812/2018 & 16815/2018 NATIONAL COUNCIL OF SCIENCE MUSEUMS..... Petitioner Through:

Ms. Meenakshi Midha with Mr.

Sumeet Pushkarna, Mr. Bhavya Lakhwara and Mr. Devanshu Lahiry, Advs versus BRIDGE AND ROOF COMPANY (INDIA) LTD..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 10.12.2018 I.A. Nos. 16813/2018 & 16814/2018 (Exemptions) 1.

Allowed, subject to just exceptions.

O.M.P. (COMM) 492/2018 & I.A. Nos. 16812/2018 & 16815/2018 2.

Ms. Meenakshi Midha, after some arguments says that she would like to withdraw the captioned petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, in view of the fact that the award assailed was passed under the Permanent Machinery for Arbitration which as per the ratio of judgment of the Supreme Court in Northern Coalfield Ltd. Vs Heavy Engineering Corp. Ltd., (2016) 8 SCC 685 is not an award under the aforementioned statute.

O.M.P. (COMM) 492/2018

3.

Ms. Midha, however, says that liberty be given to take recourse to an appropriate remedy to assail the award; which is, even according to her, an administrative award.

4.

The petition is dismissed as withdrawn with liberty as prayed for. 5.

Consequently, the pending applications shall stand closed. RAJIV SHAKDHER, J DECEMBER 10, 2018 c O.M.P. (COMM) 492/2018