M/S Asian Cargo Movers v. Container Corporation Of India Ltd

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 732/2017 M/S ASIAN CARGO MOVERS ..... Appellant Through :

Mr Kirti Uppal, Senior Advocate with Mr Pradeep Mahajan and Mr Sidharth Chopra, Advocates.

versus CONTAINER CORPORATION OF INDIA LTD ..... Respondent Through :

Mr Rishi Awasthi and Mr Kabir Ghosh, Advocates.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 17.11.2017 CM No.41474 /2017(exemption) Allowed, subject to all just exceptions.

LPA 732/2017 & CM No.41475/2017(stay), 41476/2017(additional document) 1.

After some hearing, learned senior counsel for the appellant submitted, on instructions, that liberty may be granted to urge the question as to the legality and correctness of the blacklisting order, on its merits, besides on procedural issue, in the ongoing arbitration between the parties. He also requested that the Court indicates that this question is kept open having regard to the learned Single Judge's LPA 732/2017

impugned order.

2.

In view of his statement made, it is clarified that the observations of the Single Judge shall not be treated as conclusive; the appellant is at liberty to urge all contentions with respect to the legality of the impugned blacklisting order in the arbitration proceedings.

3.

All rights and contentions of the parties are hereby kept open. 4.

Learned senior counsel for the appellant seeks leave to withdraw the Appeal.

5.

The Appeal is dismissed as withdrawn but in the above terms. 6.

Order Dasti.

S. RAVINDRA BHAT, J SANJEEV SACHDEVA, J NOVEMBER 17, 2017 'Sn'

LPA 732/2017