Full Text
CS(OS) 319/2019 & LA. 8554/2019 (under Order XXXIX Rules 1 and 2 CPC), LA. 11917/2019 (under Order XXXIX Rule 3 CPC by
Dl)
VINEET GUPTA Plaintiff Represented by: Mr.Abhijat,Adv. with Mr.Shaashwat
Jindal,Adv.
Mr.Vardhman Kaushik,Adv.for Dl
11929/2019(under Order XXXIX Rule 3 CPC)
M/S VAC SECURITIES & ORS Plaintiff Represented by: Mr.Abhijat,Adv. with Mr.Shaashwat
Jindal,Adv.
Mr.Vardhman Kaushik,Adv.for Dl
05.11.2019
ORDER
1. Learned counselfor the plaintiffs in these two Suits states thatin view ofthe decision ofthe Supreme court in Civil Appeal No.6605/2019 titled as 2019:DHC:7821 NationalAluminium Company Limited Vs. Subhash Infra Engineers Private Limited and Another, decided on August, 2019, whereby it was held that the objection with regard to the existence or the validity of the arbitration agreementcan be raised only by way ofapplication under Section 16 ofthe Arbitration and Conciliation Act and a Civil Court will have no jurisdiction to go into the question, he seeks leave to withdraw the present Suits with liberty to avail remedy before the Arbitral Tribunal.
2. Suits are dismissed as withdrawn with liberty as prayed. Itis clarified that in the present Suits,there has been no adjudication on the rights ofthe parties on merit. I.A.8554/2019(under Order XXXIX Rules 1 and 2 CPCh LA.11917/2019(under Order XXXIX Rule 3 CPC bv DPin CS tOSI 319/2019 & LA.8580/2019(under Order XXXIX Rules 1 and 2CPCL I.A.8582/2019(under Order XI Rule 14 CPCL I.A.11929/2019 (under Order XXXIX Rule 3 CPC)in CS lOSl 323/2019 Applications are disposed ofas infructuous. ^ ^ /t / MUKTA GUPTA,J.