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DELHI HIGH COURT
C.HARI SHANKAR
Saini Electrical Works – Appellant
Versus
Public Works Department – Respondent
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| 1. (Para 1 , 2 , 3) |
(Video-Conferencing)
C. Hari Shankar, J.
ARB.P. 321/2020
1. On the attention of Mr. Sehrawat, learned counsel for the petitioner, being drawn to the fact that the protocol prescribed in Clause 25 of the Agreement between the parties has not been strictly complied with and that, therefore, invocation of Section 11(6) of the Arbitration and Conciliation Act, 1996 at this stage may not be permissible, Mr. Sehrawat seeks leave to withdraw this petition, with liberty to re-approach the Court after following the protocol prescribed in Clause 25 of the Agreement.
2. Leave and liberty is granted as prayed for.
3. The petition is dismissed as withdrawn.
The court ruled that a failure to comply with procedural protocols in an arbitration agreement bars invocation of arbitration provisions under the Arbitration and Conciliation Act.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
Parties must adhere to pre-arbitral protocols as stipulated in their agreements prior to initiating arbitration proceedings.
Upon the appointment of an arbitrator, the court permits the withdrawal of interim applications with liberty to move the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 19....
Court allows withdrawal of a petition related to arbitration, permitting claims to be pursued under alternative legal means without commenting on the maintainability of those claims.
Withdrawal of authority granted to an arbitrator results in dismissal of the related petition, preserving parties' rights to raise arbitrability issues in subsequent proceedings.
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights under the Arbitration and Conciliation Act.
A party can withdraw an arbitration petition but retains the right to file separate petitions regarding distinct agreements.
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