Newton Engineering And Chemicals ... vs Indian Oil Corporation Limited & ...
2020 Latest Caselaw 572 Del

Citation : 2020 Latest Caselaw 572 Del
Judgement Date : 28 January, 2020

Delhi High Court

Newton Engineering And Chemicals ... vs Indian Oil Corporation Limited & ... on 28 January, 2020

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Date of decision: 28.01.2020

+     ARB.P. 64/2020
      NEWTON ENGINEERING AND CHEMICALS
      LIMITED                                             ..... Petitioner
                           Through     Mr. Rajiv Kumar and Mr. Sanjeev
                                       Gupta, Advocates.

                           versus

      INDIAN OIL CORPORATION LIMITED & ORS. ..... Respondents
                    Through None.

      CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 1185/2020 (Exemption) Allowed, subject to all just exceptions. Application is disposed of.

I.A. 1184/2020 This is an application seeking condonation of delay of 95 days in re- filing the present petition.

For the reasons stated in the application, the same is allowed. Delay of 95 days in re-filing the present petition is condoned. ARB.P. 64/2020

1. Learned counsel for the petitioner, at the outset, points out that after

the present petition was filed, the petitioner received a letter dated 17.01.2020 from the respondent pointing out that they have not received any reply/letter/communication from the petitioner with regard to the nomination of the Sole Arbitrator, out of the panel of the three names suggested by the respondents, vide letter dated 03.05.2019.

2. Learned counsel for the petitioner points out that pursuant to the said letter, the petitioner has intimated to the respondents vide letter dated 27.01.2020, that they are agreeable to the appointment of Mr. AK Srivastava, Former ED (legal), ONGC as a Sole Arbitrator to adjudicate the disputes between the parties.

3. In view of the said letter, learned counsel seeks to withdraw the petition with liberty to approach the respondents for initiating the process of appointing Mr. A.K. Srivastava as a Sole Arbitrator.

4. Letters are taken on record.

5. The petition is disposed of as withdrawn with liberty, as prayed.

JYOTI SINGH, J JANUARY 28, 2020 yo/