New York Life Investment Management Llc Limited Liability Company vs. Balaji Great Lotus Glory

ITEM NO.24 COURT NO.2 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 355/2023

(Arising out of impugned final judgment and order dated 09-12-2022 in ARBA No. 5/2022 passed by the Court of Additional District Judge, Dehradun)

NEW YORK LIFE INVESTMENT MANAGEMENT LLC LIMITED LIABILITY COMPANY Petitioner(s)

VERSUS

BALAJI GREAT LOTUS GLORY & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.3120/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 13-01-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s) Mr. Ritin Rai, Sr. Adv. Ms. Ruby Singh Ahuja, Adv. Mr. Ishan Gaur, Adv. Mr. Vishal Gehrana, Adv. Mr. Varun Khanna, Adv. Ms. Kritika Sachdeva, Adv. Ms. Aakriti Vohra,Adv. Ms. Aditi Rao, Adv. For M/S. Karanjawala & Co., AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Learned counsel for the petitioner submits that the Arbitral Tribunal has terminated the mandate of its earlier interim order dated 17.10.2022 in respect of all the Non-Cause Action Defendants (NCADs.) but the petitioner has yet to receive that communication, though from other NCADs., it has been able to obtain a copy of that order.

The aforesaid being the position, we are of the view that since the Commercial Court has already listed the matter on 17.01.2023, this aspect can be brought to the notice of that Court and practically nothing would really survive.

In view of the aforesaid, learned counsel for the petitioner seeks to withdraw the petition.

The special leave petition is dismissed as withdrawn in terms aforesaid.

Pending application stands disposed of.

[CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)