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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
Important Points
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.
Subject
Arbitration - Arbitral Procedure
Headnote
(A) Arbitration & Conciliation Act, 1996 - Section 17 - The petition was treated as an application under Section 17, allowing the newly constituted arbitral tribunal to decide the matter in accordance with law. (Para 1)
(B) Jurisdiction - The court expressed agreement to dispose of the petition following the formation of the arbitral tribunal. (Para 1)
Facts of the case:
The petitioners sought intervention regarding arbitration proceedings, which led to the formation of an arbitral tribunal. The counsel's request to treat the petition as an application under Section 17 was noted.
Findings of Court:
The court disposed of the petition, directing it to be handled by the arbitral tribunal.
Issues: The primary issue was the appropriate direction for the disposal of the petition subsequent to the formation of the arbitral tribunal.
Ratio Decidendi: The court justified its decision on the basis that the formation of the arbitral tribunal necessitated the petition's treatment as an application under Section 17 for further proceedings.
Result: Petition stands disposed of.
(B) Jurisdiction - The court expressed agreement to dispose of the petition following the formation of the arbitral tribunal. (Para 1)
Facts of the case:
The petitioners sought intervention regarding arbitration proceedings, which led to the formation of an arbitral tribunal. The counsel's request to treat the petition as an application under Section 17 was noted.
Findings of Court:
The court disposed of the petition, directing it to be handled by the arbitral tribunal.
Issues: The primary issue was the appropriate direction for the disposal of the petition subsequent to the formation of the arbitral tribunal.
Ratio Decidendi: The court justified its decision on the basis that the formation of the arbitral tribunal necessitated the petition's treatment as an application under Section 17 for further proceedings.
Result: Petition stands disposed of.
| Table of Content |
|---|
| 1. application under section 17 of arbitration act (Para 1) |
| 2. petition disposed and order issued (Para 2 , 3) |
ORDER (Oral)
(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.
