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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
Important Points
Subject
Arbitration - Dispute Resolution
Headnote
Facts of the case:
The appellant and respondent are engaged in dispute, with both parties working towards constituting an Arbitral Tribunal after appointing their arbitrators.
Findings of Court:
The petitions are disposed of, granting permission to pursue applications under Section 17 before the Arbitral Tribunal post-constitution.
Issues: The main issue is whether petitions should be disposed of in light of the Arbitral Tribunal's formation.
Ratio Decidendi: The court determined that petitions should be disposed of with the liberty to agitate applications once the Arbitral Tribunal is formed.
Result: Petitions disposed of.
| 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) |
ORDER (Oral)
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.
