HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ ARB P No.06 of 2024 Feedback Energy Distribution Company Limited (FEDCO) ...... Petitioner(s) V E R S U S M/S Tripura State Electricity Corporation Limited (TSECL) ..…. Respondent(s) For Petitioner(s) : Mr. Amrit Lal Saha, Advocate, Mr. Niraj Chamiyal, Advocate. For Respondent(s) : Mr. B.N. Majumder, Sr. Advocate, Mr. Kushal Deb, Advocate. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH =O=R=D=E=R= 29/01/2025 Petitioner has invoked the jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitral Tribunal under the Franchisee Distribution Agreement dated 01.07.2020 entered into between the petitioner-company and the respondent- TSECL. The instant petition has not only referred to but has also enclosed a resolution proceeding bearing (IB)-127(ND)/2022 before the National Company Law Tribunal, New Delhi Bench, Court No.II during pendency of which application for invoking the arbitration clause had been made by the resolution professional. Taking note of the aforesaid averments, notices were issued upon the respondent-TSECL. However, during course of the proceedings on 18.12.2024, the matter was adjourned to enable the learned counsel for the petitioner to ascertain the status of the resolution process initiated against the petitioner by the Financial Creditor in respect of (IB)- 127(ND)/2022. When the matter has been taken up today, Mr. Niraj Chamiyal, learned counsel assisted by Mr. Amrit Lal Saha, learned counsel appearing for the petitioner and Mr. B.N. Majumder, learned senior counsel appearing for the respondent-TSECL both have brought to the notice of the Court that in fact there is a different resolution process pending against the petitioner at the instance of another Financial Creditor Induslnd Bank Limited bearing No.IB-477/ND/2023 wherein vide order dated 13.11.2024 the period of CIRP has been further extended by 60 days. As a matter of fact, the resolution proceedings bearing No.(IB)-127(ND)/2022 has been withdrawn in view of the settlement arrived at between the Financial Creditor SBM Bank (India) Limited and the petitioner. In view of such errors in the pleadings relating to foundational facts, learned counsel for the petitioner seeks permission to withdraw the instant arbitration petition with a liberty to file a fresh petition with proper pleadings containing the correct foundational facts and supporting materials. Learned counsel for the respondent does not object to the prayer. In that view of the matter, the instant petition is dismissed as withdrawn with the aforesaid liberty. (APARESH KUMAR SINGH) CJ DIPESH DEB Digitally signed by DIPESH DEB Date: 2025.01.30 18:04:03 +05'30'