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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Manju Gupta - Appellant
Versus
Vilas Gupta - Respondent
O.M.P.(I) (COMM.) 429 of 2020
Decided On : 22-01-2021
| Table of Content |
|---|
| 1. application under section 17 of arbitration act (Para 1) |
| 2. petition disposed and order issued (Para 2 , 3) |
(Video-Conferencing)
1. Mr. S.D. Singh, learned Counsel for the petitioner in this petition submits that, in view of the fact that, by the order passed today in Arb.P. 331/2020, an arbitral tribunal has been constituted, he is agreeable to disposal of this petition with a direction that this petition be treated as an application under Section 17 of the Arbitration & Conciliation Act, 1996, to be decided, in accordance with law, by the learned Arbitral Tribunal.
2. Ordered accordingly.
3. The petition stands disposed of.
The court allowed the disposal of the petition by treating it as an application under Section 17 of the Arbitration & Conciliation Act, thereby enabling the arbitral tribunal to decide the matter.
The court permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
Parties are permitted to raise applications under Section 17 of the Arbitration and Conciliation Act before the Arbitral Tribunal once constituted.
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
The court appointed a retired judge to arbitrate disputes between parties, allowing all issues to remain open for decision under the Arbitration and Conciliation Act, 1996.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
Disputes under the Arbitration and Conciliation Act can be referred to arbitration with both parties' agreement, confirming the maintainability of applications before the arbitrator.
The court reinforced the agreement to arbitrate disputes and upheld the procedural rules of arbitration outlined in the General Conditions of Contract.
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
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