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HIGH COURT OF DELHI
CRL.M.C. 5393/2018 and Crl.M.A.34756-34757/2018
HIGH COURT OF DELHI
CRL.M.C. 5393/2018 and Crl.M.A.34756-34757/2018
CRL.M.C. 5398/2018 and Crl.M.A.34766-34767/2018
M/S. CONCEPT HORIZON INFRA PVT. LTD Petitioner
Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Saket Sikri, Mr. Abhimanyu Bhandari, Mr. Neeraj Chaudhari, Mr. Ravjyot Singh, Ms. Saakshi Agrawal,Mr. Vikalp Mudgal, Ms. Nattasha Garg, Mr. Ayush Agarwal & Mr. SarthakPathak, Advs.
M/S. CONCEPT HORIZON INFRA PVT. LTD Petitioner
Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Saket Sikri, Mr. Abhimanyu Bhandari, Mr. Neeraj Chaudhari, Mr. Ravjyot Singh, Ms. Saakshi Agrawal,Mr. Vikalp Mudgal, Ms. Nattasha Garg, Mr. Ayush Agarwal & Mr. SarthakPathak, Advs.
VERSUS
STATE & ANR.
Through:
Respondents Mr. Sanjeev Sabharwal, APP for the
State.
Mr. D.N. Gobourdhan, Mr. Adhirath Singh, Mr. Viren Bansal, Mr. Rayman Singh, Mr. Madhav Narayan &
Mr. Ankur Mahindro, Advs. for R-2.
Through:
Respondents Mr. Sanjeev Sabharwal, APP for the
State.
Mr. D.N. Gobourdhan, Mr. Adhirath Singh, Mr. Viren Bansal, Mr. Rayman Singh, Mr. Madhav Narayan &
Mr. Ankur Mahindro, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
23.10.2018 After some hearing, the learned senior counsel for the petitioner, on instructions, seeks permission to withdraw the petitions and the applications filed therewith, reserving the contentions set out here as defences to be agitated at the appropriate stage of the proceedings pending before the trial court, liberty at the same time being sought to move appropriate petition(s) for stayofthe proceedings in the complaint cases (fromwhichthe present
CRL.M.C. 5393/2018 Etc. Page 1 of2
2018:DHC:8286 T \ petitions arise) on account of pendency of the arbitration proceedings and the ongoing investigation into case FIR No.665/2016 of Police Station Vikas
Puri besides the proceedings arising out of FIR No. 1233/2016 of Police
Station Sector 20, Noida, U.P., his only apprehension being that directions for expeditious and time-bound conclusion of the proceedings in the complaint cases by order dated 03.10.2018 passed in Crl.M.C. 3941/2018, with consent ofthe petitioner, may not inhibit pursuit ofsuch other remedy.
The apprehension about order dated 3.10.2018 passed in
Crl.M.C.3941/2018 inhibiting pursuit of such remedy as may be available in law is unfounded, in the face of his explanation that he had agreed to expeditious proceedings before the trial court in order to show his bonafide.
Both the petitions and the applications filed therewith are dismissed as withdrawn with liberty as prayed for granted.
4, R.K.G OCTOBER 23,2018 vk
23.10.2018 After some hearing, the learned senior counsel for the petitioner, on instructions, seeks permission to withdraw the petitions and the applications filed therewith, reserving the contentions set out here as defences to be agitated at the appropriate stage of the proceedings pending before the trial court, liberty at the same time being sought to move appropriate petition(s) for stayofthe proceedings in the complaint cases (fromwhichthe present
CRL.M.C. 5393/2018 Etc. Page 1 of2
2018:DHC:8286 T \ petitions arise) on account of pendency of the arbitration proceedings and the ongoing investigation into case FIR No.665/2016 of Police Station Vikas
Puri besides the proceedings arising out of FIR No. 1233/2016 of Police
Station Sector 20, Noida, U.P., his only apprehension being that directions for expeditious and time-bound conclusion of the proceedings in the complaint cases by order dated 03.10.2018 passed in Crl.M.C. 3941/2018, with consent ofthe petitioner, may not inhibit pursuit ofsuch other remedy.
The apprehension about order dated 3.10.2018 passed in
Crl.M.C.3941/2018 inhibiting pursuit of such remedy as may be available in law is unfounded, in the face of his explanation that he had agreed to expeditious proceedings before the trial court in order to show his bonafide.
Both the petitions and the applications filed therewith are dismissed as withdrawn with liberty as prayed for granted.
4, R.K.G OCTOBER 23,2018 vk
CRL.M.C. 5393/2018 Etc. Page 2 of2
2018:DHC:8286
2018:DHC:8286
JUDGMENT