delhihighcourt

SIMPLEX INFRASTRUCTURES LTD vs INDIAN OIL CORPORATION LIMITED

$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 97/2023 and I.A. 9774/2023
SIMPLEX INFRASTRUCTURES LTD …..Petitioner
Through: Mr. Jayant Mehta, Sr. Adv. with Mr. Aayush Agarwala, and Mr. Parag Chaturvedi, Advs.

versus

INDIAN OIL CORPORATION LIMITED …..Respondent
Through: Mr. V.N. Koura and Ms. Paramjeet Benipal, Advs.

CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
% 04.09.2024

1. Mr. Mehta, learned Senior Counsel for the petitioner, on instructions, seeks leave to withdraw this petition with liberty to move an application before the learned Arbitral Tribunal constituted by order dated 3 September 2024 in Arb. P. 851/2023 ventilating the relief sought in this petition as an application under Section 17 of the Arbitration and Conciliation Act, 19961. He seeks liberty to move an application tomorrow itself as the Arbitral Tribunal stands constituted.

2. By order dated 3 September 2024 passed in Arb. P. 851/2023, this Court has requested Hon’ble Dr. Justice S. Muralidhar, former Chief Justice of the High Court of Odisha, to arbitrate on the dispute.

3. Leave and liberty is granted, as sought by Mr. Mehta.

4. The petition is disposed of, in the aforesaid terms.

5. Let a copy of this order be given to both sides dasti under the signatures of the Court Master.

C.HARI SHANKAR, J
SEPTEMBER 4, 2024/yg

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1 “the 1996 Act”, hereinafter
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