Held an appeal for leave to withdraw. The Court allowed the withdrawal of the main Civil Miscellaneous Appeal and two Civil Miscellaneous Petitions pending before it, preserving the rights of both parties to pursue remedies elsewhere. No order as to costs.
Withdrawal of the main CMA and two CMPs allowed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.10.2020
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
CMP.No.11319 of 2020
in CMA.No.SR67992 of 2020 (Filing Number) and CMP.No.SR67995 of 2020 (Filing Number) in CMA.No.SR67992 of 2020 (Filing Number) & CMA.No.SR67992 of 2020 (Filing Number)
China Datang Technologies & Engineering Co. Ltd., 4th and 6th Floor, No.120, Zizhuyuan Road Haidian District, Beijing- 100097 People's Republic of China Through Mr.He Huang Residing at A 31/7, Maruti Housing Colony Sector 28, Gurugnam, Haryana India – 122 002 presently at New Delhi ... Petitioner/
Appellan sought to be
preferred in cma sr.
vs.
Respondents
Civil Miscellaneous Petition filed under Section 151 of the Code of Civil Procedure, 1908 to dispense with the production of the certified copy of the Fair and Decretal order dated 06.10.2020 in Arb.O.P.No.101 of 2020 on the file of learned District Judge, Cuddalore.
For Petitioner : Mr.M.S.Krishnan
Senior Counsel
Instructed by
Mr.Anirudh Krishnan
Mr.Adarsh Subramanian
& Mr.K.Shiva
For Respondents : Mr.N.Nithianandam for R1
ORDER
Mr.M.S.Krishnan, learned senior counsel instructed by Mr.Anirudh Krishnan, Mr.Adarsh Subramanian & Mr.K.Shiva, counsel on record for the petitioner in the captioned CMPs / appellant in the captioned CMA and Mr.N.Nithianandam, learned counsel, who had accepted notice on behalf of contesting first respondent, namely NLC India Limited, are before me in this web-hearing on a video-conferencing platform.
2.Counsel on record for petitioner seeks leave of this Court to withdraw the captioned main CMA along with two captioned CMPs. To be noted, counsel on record for the petitioner/appellant has also filed a memo dated 12.10.2020, which reads as follows:
'MEMO FOR WITHDRAWAL It is submitted that the present appeal was preferred by the Appellant herein challenging the order dated 06.10.2020 ("impugned order") passed in Arb. O.P. No. 101 of 2020 by the Learned District and Sessions Judge, Cuddalore.
It is submitted that the Appellant herein is withdrawing the present appeal vide the present memo seeking liberty to pursue appropriate remedy as may be necessary. It is therefore humbly prayed that this Hon'ble Court may be pleased to take the present memo on record and dispose of the present appeal as withdrawn with liberty to the Appellant herein to pursue appropriate remedy as may be necessary and thus render justice.'
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
gpa
To
The District Judge, Cuddalore.
CMP.No.11319 of 2020 in CMA.No.SR67992 of 2020 (Filing Number) and CMP.No.SR67995 of 2020 (Filing Number) n CMA.No.SR67992 of 2020 (Filing Number) & CMA.No.SR67992 of 2020 (Filing Number)
SAI(CO) RMP(03/11/2020)
1 issue framed by the court
Whether the High Court can allow withdrawal of the main Civil Miscellaneous Appeal and associated Civil Miscellaneous Petitions.
China Datang Technologies & Engineering Co. Ltd.
NLC India Limited
Yes Bank Limited
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
