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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Sunil Kanr Raheja - Appellant
Versus
Purearth Infrastructure Ltd. - Respondent
Arb.P. 708 of 2020 and I.A. 11457 of 2020 (exemption)
Decided On : 03-02-2021
Important Points
Parties must adhere to pre-arbitral protocols as stipulated in their agreements prior to initiating arbitration proceedings.
Subject
Arbitration - Withdrawal of Petition
Headnote
(A) Arbitration and Conciliation Act, 1996 - Pre-arbitral protocol stipulated in agreement - Permission to withdraw petition granted with liberty to re-file - Dismissal of petition and pending application as withdrawn. (Para 1)
(B) Withdrawal of petition - Court permits withdrawal to allow compliance with pre-arbitral protocols before re-filing. (Para 1)
Facts of the case:
The petitioner sought permission to withdraw the present petition while agreeing to follow the pre-arbitral protocol outlined in the agreement between the parties.
Findings of Court:
Leave and liberty granted to withdraw the petition, leading to its dismissal as withdrawn.
Issues: Whether the petitioner can withdraw the petition to adhere to the stipulated protocols before proceeding further.
Ratio Decidendi: The court emphasized the necessity of following the pre-arbitral protocols outlined in the agreement before proceeding with arbitration.
Result: Petition dismissed as withdrawn.
(B) Withdrawal of petition - Court permits withdrawal to allow compliance with pre-arbitral protocols before re-filing. (Para 1)
Facts of the case:
The petitioner sought permission to withdraw the present petition while agreeing to follow the pre-arbitral protocol outlined in the agreement between the parties.
Findings of Court:
Leave and liberty granted to withdraw the petition, leading to its dismissal as withdrawn.
Issues: Whether the petitioner can withdraw the petition to adhere to the stipulated protocols before proceeding further.
Ratio Decidendi: The court emphasized the necessity of following the pre-arbitral protocols outlined in the agreement before proceeding with arbitration.
Result: Petition dismissed as withdrawn.
| Table of Content |
|---|
| 1. right to withdraw petition (Para 1) |
| 2. dismissal of petition as withdrawn (Para 2) |
ORDER
(Video-Conferencing)
1. Mr. Sumit Sarna, learned Counsel for the petitioner seeks, at the outset, permission to withdraw the present petition with liberty to re-file the petition after following the pre-arbitral protocol stipulated in the agreement between the parties.
2. Granting leave and liberty as aforesaid, the petition alongwith pending application is dismissed as withdrawn.
