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Judgment
Virender Singh, Judge (Oral)
OMP No. 1036 of 2026 & Arb. Appeal No.104 of 2025
By way of application, bearing OMP No. 1036 of 2026, indulgence of this Court has been sought to permit the appellant to withdraw Arbitration Appeal No. 104 of 2025, in view of the judgment dated 16.04.2026, passed by the Hon’ble Supreme Court in Civil Appeal No.4490 of 2026, titled as M/s Cosmo Herbals Ltd. & Another versus Himachal Pradesh Micro and Small Enterprises Facilitation Counsel & Another. Relevant paragraph 7 of the judgment, is reproduced, as under:
“7.However, in the light of the fair concession made by the learned counsel for respondent No. 2, M/S. Satya Packaging, the said appeal would not survive, as we deem it appropriate to exercise jurisdiction under Article 142 of the Constitution of India to restore the petition, being 0.M.P. No. 41 of 2024, filed by the appellants under Section 34 of the 1996 Act to the file of the learned District and Sessions Judge, Shimla, the for adjudication on merits, without insisting upon predeposit of the amount, as provided under Section 19 of the 2006 Act.
In view of the above, the application is allowed and the appellant is permitted to withdraw the present appeal. The appeal is accordingly, dismissed as withdrawn. Pending application(s), if any, shall also stand disposed of.