Simplex Infrastructures Ltd v. Indian Oil Corporation Limited

Delhi High Court · 03 Sep 2024 · 2024:DHC:6781
C. Hari Shankar
O.M.P.(I)(COMM.) 97/2023
2024:DHC:6781
civil petition_allowed

AI Summary

The Delhi High Court allowed the petitioner to withdraw its petition and granted liberty to seek interim relief under Section 17 of the Arbitration and Conciliation Act, 1996 before the constituted Arbitral Tribunal.

Full Text
Translation output
O.M.P.(I)(COMM.) 97/2023
HIGH COURT OF 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, 1996[1]. 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. “the 1996 Act”, hereinafter O.M.P.(I)(COMM.) 97/2023

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.