M/S ERA-PATEI-ADVANCE(JV) v. RAIL VIKAS NIGAM LIMITED

1. Mr. Suhail Sehgal, learned counsel for the petitioner seeks on instructions to withdraw the petition as the disputes between the parties stand amicably resolved. He has, however, invited my attention to the communication dated 10 O.M.P. (COMM) 212/2021, I.A. 9282/2021, I.A. 9283/2021 (Section 151 CPC for exemption), I.A. 9284/2021 (Section 151 CPC for delay in refiling), I.A. 9285/2021 (Section 151 CPC for exemption) and I.A. 13729/2021 (for taking on record settlement) th September, 2021 from the respondent to the petitioner, forming document A[2] to IA 13729/2021. The said communication calls upon the petitioner to withdraw OMP (COMM) 167/2021. He submits that this was a typographical error and that the request of the respondent to the petitioner was to withdraw the present OMP (COMM), i.e. OMP (COMM) 212/2021. 2021:DHC:3345 O.M.P. (COMM) 212/2021

2. Mr. J.K. Singh, learned counsel for the respondent, confirms this position.

3. As the disputes between the parties stand amicably resolved, nothing survives for adjudication in this petition. Accordingly, the petition is disposed of as withdrawn in accordance with the settlement between the parties by which they shall remain bound. All pending miscellaneous applications are also disposed of as infructuous.