China Datang Technologies And Engineering Co Ltd v. Nlc India Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.10.2020 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR CMP.No.11319 of 2020 in CMA.No.SR67992 of 2020 (Filing Number) and CMP.No.SR67995 of 2020 (Filing Number) in CMA.No.SR67992 of 2020 (Filing Number) & CMA.No.SR67992 of 2020 (Filing Number) China Datang Technologies & Engineering Co. Ltd., 4th and 6th Floor, No.120, Zizhuyuan Road Haidian District, Beijing- 100097 People's Republic of China Through Mr.He Huang Residing at A 31/7, Maruti Housing Colony Sector 28, Gurugnam, Haryana India - 122 002 presently at New Delhi ... Petitioner/ Appellan sought to be preferred in cma sr.
vs.
1. NLC India Limited First Floor, No.8, Mayor Sathyamurthy Road FSD, Egmore Complex of Food Corporation of India Chetpet, Chennai - 600 031 Tamil Nadu
2. Yes Bank Limited Fortune Global Arcade, Sikanderpur Methrauli Gurgaon Road Gurgaon-122 002, Haryana ...
Respondents/
Respondents Civil Miscellaneous Petition filed under Section 151 of the Code of Civil Procedure, 1908 to dispense with the production of the certified copy of the Fair and Decretal order dated 06.10.2020 in Arb.O.P.No.101 of 2020 on the file of learned District Judge, Cuddalore.
For Petitioner :
Mr.M.S.Krishnan Senior Counsel Instructed by Mr.Anirudh Krishnan Mr.Adarsh Subramanian & Mr.K.Shiva For Respondents :
Mr.N.Nithianandam for R1
ORDER
Mr.M.S.Krishnan, learned senior counsel instructed by Mr.Anirudh Krishnan, Mr.Adarsh Subramanian & Mr.K.Shiva, counsel on record for the petitioner in the captioned CMPs / appellant in the captioned CMA and Mr.N.Nithianandam, learned counsel, who had accepted notice on behalf of contesting first respondent, namely NLC India Limited, are before me in this web-hearing on a video-conferencing platform. 2.Counsel on record for petitioner seeks leave of this Court to withdraw the captioned main CMA along with two captioned CMPs. To be noted, counsel on record for the petitioner/appellant has also filed a memo dated 12.10.2020, which reads as follows:
'MEMO FOR WITHDRAWAL It is submitted that the present appeal was preferred by the Appellant herein challenging the order dated 06.10.2020 ("impugned order") passed in Arb. O.P. No. 101 of 2020 by the Learned District and Sessions Judge, Cuddalore.
It is submitted that the Appellant herein is withdrawing the present appeal vide the present memo seeking liberty to pursue appropriate remedy as may be necessary. It is therefore humbly prayed that this Hon'ble Court may be pleased to take the present memo on record and dispose of the present appeal as withdrawn with liberty to the Appellant herein to pursue appropriate remedy as may be necessary and thus render justice.'
3. In the light of the aforesaid memo and reiteration of the contents of the memo in the hearing, captioned main CMA and two captioned CMPs stand dismissed as withdrawn albeit preserving the rights and contentions of both parties i.e., petitioner and contesting first respondent to be pursued in the other matter/other fora. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gpa To The District Judge, Cuddalore.
CMP.No.11319 of 2020 in CMA.No.SR67992 of 2020 (Filing Number) and CMP.No.SR67995 of 2020 (Filing Number) n CMA.No.SR67992 of 2020 (Filing Number) & CMA.No.SR67992 of 2020 (Filing Number) SAI(CO) RMP(03/11/2020)