ARBAP/41/2021
2022 Latest Caselaw 1838 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                     SRI JUSTICE S.K. MISHRA, A.C.J.

                              24th JUNE, 2022

     ARBITRATION APPLICATION No. 41 OF 2021

Between:

Royal Shine Beverages Pvt. Ltd.
                                                                ...Petitioner
and

Ambience Food & Beverages Company and another.

                                                           ...Respondents

Counsel for the petitioner.         :   Mr. Nikhil Singhal, the learned counsel.

Counsel for the respondents.        :   None appears for the respondents.


Upon hearing the learned Counsel, the Court made
the following

JUDGMENT :

Despite sufficient notice, the respondents have

not appeared.

2. Mr. Nikhil Singhal, the learned counsel

appearing for the petitioner, would fairly submit that, as

per the judgment of the Hon'ble Supreme Court in the

case of Brahmani River Pellets Limited v. Kamachi

Industries Limited; (2020) 5 SCC 462, the Hon'ble

High Court of Judicature at Allahabad has the jurisdiction

over the matter, as the cause of action arose in Noida, Uttar Pradesh. Therefore, the learned counsel submits

that he wants to withdraw the present petition.

3. Accordingly, the present Arbitration Petition,

under Section 11(6) of the Arbitration and Conciliation

Act, 1996, is allowed to be withdrawn with a liberty to

the petitioner to approach the Hon'ble Court having

jurisdiction.

In sequel thereto, all pending applications

stand disposed of.

Urgent certified copy of this order be supplied

to the learned counsel for the parties, as per Rules.

________________ S.K. MISHRA, A.C.J.

Dt: 24th June, 2022 Rahul