Neutral Citation No. - 2025:AHC-LKO:16365-DB Chief Justice's Court Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 38 of 2024 Appellant :- Crest Digitel Pvt. Ltd. Thru. Auth. Signatory Vijay Kumar Respondent :- Uttar Pradesh Metro Rail Corporation Ltd. Counsel for Appellant :- Prashant Chandra, Sr. Advocate Aviral Raj Singh,Ankit Kumar Pandey,Ashutosh Verma,Dhruv Kumar Singh,Palash Banerjee,Ritwick Rai,Vaibhav Tiwari, Madhavan Sharma Counsel for Respondent :- Kumar Ayush,Kumar Ayush,Pritish Kumar, Shivansh Agrawal Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. 1. This appeal is directed against judgement dated 11.07.2024 passed by the Commercial Court No. 1, Lucknow whereby the application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 ('the Act') has been dismissed. 2. When the appeal came up for admission before this Court on 19.07.2024, an interim order was passed directing preparation of inventory pertaining to equipments/electric appliances, fixtures, panels, installations installed and the tools and machinery on the licensed premises. Whereafter, the matter has remained pending. 3. Learned counsel for the appellant submits that the proceedings before the Arbitral Tribunal are continuing and that the appellant may be permitted to withdraw the present appeal with liberty to raise all the issues, as raised in the present proceedings, before the Arbitral Tribunal. A further prayer has been made that the observations made by the Commercial Court may not prejudice the case of the appellant in the proceedings before the Arbitral Tribunal. 4. Learned counsel for the respondent has no objection to the submissions made pertaining to the withdrawal of the appeal and the fact that the observations made by the Commercial Court would not prejudice the case of the appellant in the main proceedings before the Arbitral Tribunal. 5. In view thereof, the appeal is dismissed as withdrawn with liberty as aforesaid. 6. It is further observed that the findings recorded by the Commercial Court while deciding the application under Section 9 of the Act, which even otherwise are prima-facie only, would not influence the deliberations before the Arbitral Tribunal. Order Date :- 21.3.2025 nd (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad, Lucknow Bench