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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Nitin Bakshi - Appellant
Versus
Splendor Buildwell Private Limited - Respondent
O.M.P.(I) (COMM.) 277 of 2020
Decided On : 24-03-2021
Important Points
Subject
Arbitration - Dispute Resolution
Headnote
Facts of the case:
The matter concerns a petition regarding the appointment of an arbitrator to resolve disputes between the appellant and the respondent, with the agreement to refer the case for adjudication.
Findings of Court:
The court concurs with the parties’ position to send the case to arbitration, affirming that the petition is to be treated under Section 17 of the Arbitration and Conciliation Act, 1996.
Issues: The primary issue involved the referral of the case to arbitration and the continuance of interim directions until the arbitrator’s decision.
Ratio Decidendi: The court determined it is appropriate to refer the case to the arbitrator as mutually agreed by both parties, reinforcing the processes of arbitration.
Result: Petition disposed of by referring to arbitration.
| Table of Content |
|---|
| 1. arbitrator appointment notice (Para 1) |
| 2. agreement for arbitration (Para 2) |
| 3. referral for adjudication (Para 3) |
| 4. petition disposal (Para 4) |
JUDGMENT
M.P.(I) (COMM.) 277/2020
1. By the order dated 4th March, 2021 passed by a coordinate Bench of this Court in Arb. P. 262/2021, a learned Judge (retired) of this Court has been appointed as the Arbitrator to arbitrate on the disputes between the parties, forming subject matter of the present petition.
2. Learned counsel for the parties fairly state, ad idem, that the present petition could be referred for adjudication to the learned arbitrator, treating it as an application under Section 17 of the Arbitration and Conciliation Act, 1996 ("1996 Act").
3. Accordingly, this petition is disposed of by referring the present petition to the learned arbitrator, to be treated as an application under Section 17 of the 1996 Act. Interim directions passed by this Court shall continue to remain in operation and shall be subject to the decision of the learned arbitrator.
4. This petition is disposed of.
