Disposed
Simplot India Foods Pvt.Ltd. v. Himalya International Limited
Delhi HCO.M.P.(I) (COMM.)/229/2017
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..... Petitioner
versus
HIMALYA INTERNATIONAL LIMITED
..... Respondent Through Mr. Puneet Tyagi and Mr. Aviral Dhirendra, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
I.A. No.16679/2018
1 Issue notice. Ms. Madhu Swati accepts notice on behalf of the non-applicant/petitioner. Learned counsel says that she does not wish to file a reply in view of what is to be noted hereafter:
2 Learned counsel for the applicant/respondent says that the Section 9 Petition filed under the Arbitration and Conciliation Act, 1996, by the non-applicant/petitioner has been rendered infructuous for two reasons: (i) firstly, on account of order dated 09.10.2018, passed by the Singapore International Arbitration Centre (in short ‘SIAC’) and (ii) secondly, on account of the applicant/respondent giving up on abandoning/withdrawing the Scheme of Arrangement, which was preferred before the NCLT, Delhi Bench.
3 Ms. Madhu Swati, who, appears on advance notice on behalf of the non-applicant/petitioner, affirms the fact that SIAC has passed the O.M.P.(I) (COMM.) 229/2017 Page 1 of 2
aforementioned order. Learned counsel says that she has no objection to the prayer being allowed. It is ordered accordingly.
4 The application is disposed of in the aforesaid terms.
O.M.P.(I) (COMM.) 229/2017, I.A. Nos. 2824/2018, 5970/2018, 7306/2018 & 7979/2018 & CCP (O) 42/2017
5 In view of the order passed in I.A. No.16679/2018, nothing survives in the Section 9 petition and the same is, accordingly, disposed of.
6 Consequently, all pending applications as also the Contempt Petition shall stand closed.
RAJIV SHAKDHER, J
DECEMBER 06, 2018 A
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O.M.P.(I) (COMM.) 229/2017
Simplo India Foods Pvt. Ltd.
Himalya International Limited
Rajiv Shakdher
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court