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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
| Table of Content |
|---|
| 1. petitioner seeks to withdraw petition. (Para 1) |
| 2. petition dismissed as withdrawn. (Para 2 , 3 , 4) |
(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 The petition is dismissed as withdrawn.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.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
Parties must adhere to pre-arbitral protocols as stipulated in their agreements prior to initiating arbitration proceedings.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
The court affirmed that parties can withdraw legal petitions upon reaching a settlement, reinforcing party autonomy in dispute resolution.
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.
Dismissal of Arbitration Application as Withdrawn
Settlement of dispute leading to withdrawal of arbitration application
Withdrawal of authority granted to an arbitrator results in dismissal of the related petition, preserving parties' rights to raise arbitrability issues in subsequent proceedings.
Writ petition withdrawn with liberty to seek relief before arbitrator in land acquisition compensation dispute.
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