National Insurance Company Limited, v. Sri Avantikaconstructions (I) Limited

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE Dr. JUSTI CE SHAMEEM AKTHER CI VI L MI SCELLAENOUS APPEAL No.533 of 2016 JUDGMENT: (per SK,J) This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act of 1996'), arises out of the order dated 19.05.2016 passed by the learned III Additional Chief Judge, City Civil Court, Hyderabad, in I.A.No.174 of 2016 in O.P.No.1169 of 2016 filed under Section 9 of the Act of 1996.

It is now brought to our notice that the arbitration dispute itself has been withdrawn by the first respondent.

In that view of the matter, the order passed by the Court below in the application filed under Section 9 of the Act of 1996 pending the arbitration proceedings no longer survives.

The appeal is accordingly allowed setting aside the order dated 19.05.2016 passed by the learned III Additional Chief Judge, City Civil Court, Hyderabad, in I.A.No.174 of 2016 in O.P.No.1169 of 2016. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________ SANJAY KUMAR,J ___________________ Dr. SHAMEEM AKTHER,J Date:30.08.2017 GJ