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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
East India Construction Co. - Appellant
Versus
Airports Authority of India - Respondent
O.M.P.(I) (COMM.) 411 of 2020
Decided On : 04-02-2021
Important Points
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
Subject
Civil Law - Arbitration
Headnote
(A) Arbitration and Conciliation Act, 1996 - The petitioner sought to withdraw the petition with leave to approach the arbitral tribunal at a later date. (Para 1)
(B) Withdrawal of Petition - The court granted leave for withdrawal and acknowledged that pending applications would no longer require consideration.
Findings of Court:
The petition was dismissed as withdrawn, with liberty granted to the petitioner to approach the arbitral tribunal when constituted.
Issues: The primary issue addressed was whether the petitioner could withdraw the petition with leave.
Ratio Decidendi: The court confirmed the right of the petitioner to withdraw and approach the arbitral tribunal subsequently.
Result: Petition dismissed as withdrawn.
(B) Withdrawal of Petition - The court granted leave for withdrawal and acknowledged that pending applications would no longer require consideration.
Findings of Court:
The petition was dismissed as withdrawn, with liberty granted to the petitioner to approach the arbitral tribunal when constituted.
Issues: The primary issue addressed was whether the petitioner could withdraw the petition with leave.
Ratio Decidendi: The court confirmed the right of the petitioner to withdraw and approach the arbitral tribunal subsequently.
Result: Petition dismissed as withdrawn.
| Table of Content |
|---|
| 1. petitioner seeks to withdraw petition. (Para 1) |
| 2. petition dismissed as withdrawn. (Para 2 , 3 , 4) |
ORDER (Oral)
(Video-Conferencing)
O.M.P.(I) (COMM.) 411/2020
1. Mr. Abhijeet Sinha, learned counsel for the petitioner, in this petition, seeks leave to withdraw the petition, with liberty to approach the arbitral tribunal, as and when it is constituted, by means of an appropriate application.
2. Leave and liberty is granted as prayed for.
3. The petition is dismissed as withdrawn.
4. Pending applications do not survive for consideration and are accordingly, disposed of.
