Judgment · High Court

Mr. J.C. Gaur, learned counsel representing the respondent/petitioner ha s fairly contended that the petitioner M/s. K.D. Sharma & Company, desires to se ttle the matter amicably outside the Court for which he may be permitted to with draw the initial application so filed by them under Section 9 of the Arbitration and Conciliation Act 1996, before the learned District Judge, Sonitpur at Tezpu r with a liberty to file appropriate application afresh if so advised. This submission has got the support from Mr. K.C. Khetri, learned Senior counsel representing the appellant/opposite party. It is also contended by the learned Senior counsel that if the petitioner, M/s. K.D. Sharma & Company is per mitted to withdraw their application above mentioned as prayed for, he shall hav e no hesitation to withdraw the connected appeal so filed against the impugned o rder of temporary injunction granted against him by the trial Court. In view of the submissions as above and also having carefully considered the facts and circumstances of the case in its totality, we are of the consider ed opinion that the interest of justice would be met if the parties are allowed to settle the matter on compromise as stated above by permitting the petitioner to withdraw the initial application as noted above with liberty to file afresh, if so advised. It is ordered accordingly. This Misc. Case application stands allowed.