M/S Shiv Naresh Sports Pvt. Ltd. v. Delhi Development Authority

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 4/2016 M/S SHIV NARESH SPORTS PVT. LTD.

..... Petitioner Through Mrs. Anusuya Salwan with Ms.

Nikita Salwan, Advocates.

versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through Mr. Ajay Verma with Ms. Diviani Khanna, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 25.07.2017 1.

The petitioner, by the present petition, seeks enforcement of an arbitral award dated 02.08.2013, passed by the Sole Arbitrator Sh. Lakhvinder Chaudhary.

2.

Learned counsel for the respondent points out that the respondent has filed objections under Section 34 of the Arbitration & Conciliation Act, 1996, which has been registered as OMP No.1167/2013 (renumbered as OMP (Comm.) 573/2017) titled DDA vs. Shiv Naresh Sports Pvt. Ltd.

3.

Learned counsel for the respondent submits that, in terms of Section 36 of the Arbitration & Conciliation Act, 1996, as applicable to the present proceedings, the issuance of a notice under Section 34 amounts to a stay of the enforcement of the award. OMP (ENF.) (COMM.) 4/2016

4.

In view of the above, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to file a fresh petition after the disposal of the section 34 petition.

5.

The petition is, accordingly, dismissed as withdrawn with liberty to the petitioner as prayed for.

SANJEEV SACHDEVA, J JULY 25, 2017 st OMP (ENF.) (COMM.) 4/2016