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2020 Supreme(Del) 1340

JYOTI SINGH
Dda – Appellant
Versus
Tara Chand Sumit Construction Co – Respondent


Advocates Appeared:
Kanika Singh, Advocate, S.K. Jain, Advocate, Akshu Jain, Advocate

JUDGMENT

Jyoti Singh, J. - O.M.P. (MISC.) (COMM) 236/2019

    1. With the consent of the parties, arguments have been heard on the main petition also.

      I.A. No.11418/2019

      2. This is an application filed on behalf of the petitioner under Section 151 CPC seeking recall of order dated 31.07.2019.

      3. Petitioner had filed the present petition under Section 29A of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") for extension of mandate of the learned Arbitrator. The Court had issued notice to the respondent. Respondent filed its reply and objected to the maintainability of the petition before this Court on the ground of lack of pecuniary jurisdiction as the value of claims was less than Rs. 2 Crores.

      4. When the matter was listed on 31.07.2019, learned counsel for the petitioner submitted that the amount of claims and counter claims in the arbitration proceedings was below the pecuniary jurisdiction of this Court and, accordingly, sought leave to withdraw the petition, with liberty to file the same before the Court of competent jurisdiction. The petition was, accordingly, dismissed as withdrawn granting the liberty sought.

      5. Present application seeks recall of th

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