Dsl Enterprises Pvt. Ltd. v. Maharashtra State Electricity Dist. Co. Ltd.

Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 9th February, 2018 FOR WITHDRAWAL (ORIGINAL SIDE MATTERS) :

EXA/160/2009 AW/DT/18/6/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mukul Taly I/b. S. Mahomedbhai and Company, Advocate for Applicants/ Decree Holder.

Mr. Ashish Singh I/b. Khare Legal Chamber, Advocate for Respondents/ Judgment Debtor.

P.C. :

Ld. Counsel for Decree Holder submitted that after filing of Execution Application, Judgment Debtor has challenged Award before the Hon'ble Apex Court and ultimately, the Hon'ble Apex Court has dismissed SLP filed by Judgment Debtor on 18.01.2018. In light of change in circumstances, the Decree Holder wants to withdraw present Execution Application. Ld.

Counsel for Decree Holder made statement that fresh Execution Application is already filed, which is bearing lodging no. 312/2018.

Ld. Counsel for Judgment Debtor have no objection for granting liberty to withdraw present Execution Application.

Hence, liberty is granted to Decree Holder to withdraw present Execution Application. No order as to costs.

Office is directed to return original Award of Arbitration dated 18.06.2004 by keeping on record photocopy of the same certified as 'True' by the Ld.

Counsel for Decree Holder.

2 Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 9th February, 2018 contd...

EXA/160/2009 AW/DT/18/6/04 ) ) ) ) ) ) ) ) Decree Holder is directed to submit undertaking with office that in case of direction of the Hon'ble Court, Decree Holder to return/submit original Award in the office.

Office to take follow up action.

Date : 09.02.2018 Prothonotary & Senior Master