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DELHI HIGH COURT
C.HARI SHANKAR
Sunil Kanr Raheja – Appellant
Versus
Purearth Infrastructure Ltd. – Respondent
| 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 dismissal of petition as withdrawn (Para 2) |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 Granting leave and liberty as aforesaid, the petition alongwith pending application is dismissed as withdrawn.
Parties must adhere to pre-arbitral protocols as stipulated in their agreements prior to initiating arbitration proceedings.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
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.
A party can withdraw an arbitration petition but retains the right to file separate petitions regarding distinct agreements.
Court permitted withdrawal of arbitration request with liberty to refile after statutory compliance.
Writ petition withdrawn with liberty to seek relief before arbitrator in land acquisition compensation dispute.
Court permitted withdrawal of writ petition, reserving liberty for statutory or civil remedies.
The court affirmed that parties can withdraw legal petitions upon reaching a settlement, reinforcing party autonomy in dispute resolution.
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights under the Arbitration and Conciliation Act.
Permission to withdraw petition with liberty to file a fresh petition with better particulars.
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