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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Hero Cycles Limited - Appellant
Versus
Vijay Kumar Munjal - Respondent
O.M.P.(I) (COMM.) 134 of 2020 & I.A. 4972 of 2020, I.A. 11039 of 2020 and O.M.P.(I) (COMM.) 105 of 2021 & I.A. 4311 of 2021 and I.A. 4312 of 2021
Decided On : 26-03-2021
| Table of Content |
|---|
| 1. status of arbitration proceedings. (Para 1) |
| 2. agreed procedure for arbitration applications. (Para 2) |
| 3. petitions disposed with future liberty. (Para 3) |
1. Learned Senior Counsel for both parties in these cases inform that the Arbitral Tribunal, to arbitrate on the disputes between the parties, is in the process of being constituted, and that each of the parties have appointed their respective arbitrators, who are in the process of appointing a third arbitrator.
2. They suggest, ad idem, that these petitions could be disposed of by treating them as applications under Section 17 of the Arbitration and Conciliation Act, 1996 for decision by the learned Arbitral Tribunal.
3. Accordingly, these petitions stand disposed of with liberty to the petitioners to agitate them as applications under Section 17 before the learned Arbitral Tribunal once the Arbitral Tribunal is constituted and enters on the reference.
Parties are permitted to raise applications under Section 17 of the Arbitration and Conciliation Act before the Arbitral Tribunal once constituted.
The court permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
The court facilitated arbitration by appointing an arbitrator, emphasizing that all rights and arguments remain open for determination by the Arbitral Tribunal.
The court appointed a retired judge to arbitrate disputes between parties, allowing all issues to remain open for decision under the Arbitration and Conciliation Act, 1996.
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
Disputes under the Arbitration and Conciliation Act can be referred to arbitration with both parties' agreement, confirming the maintainability of applications before the arbitrator.
The court affirmed that arbitration agreements and interim procedures must adhere to the provisions of the Arbitration and Conciliation Act, 1996, highlighting the importance of party consent in reso....
The arbitration process is governed by mutual consent, allowing parties to appoint an arbitrator and seek interim relief under Sections 12(2) and 17 of the Arbitration and Conciliation Act, 1996.
The court affirmed that parties can mutually consent to arbitration under the Arbitration and Conciliation Act, with obligations on the arbitrator to ensure expeditious resolution of disputes.
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