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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Anil Mehra - Appellant
Versus
Anjali Foundation - Respondent
O.M.P.(I) (COMM.) 120 of 2021, IAs 4862 of 2021 (exemption), 6608 of 2021 (ad-interim ex-parte relief) and 6609 of 2021 (exemption)
Decided On : 25-05-2021
| Table of Content |
|---|
| 1. withdrawal of petition allowed with liberty to re-agitate claims. (Para 1) |
| 2. court does not opine on claims' maintainability. (Para 2) |
| 3. applications disposed as per outcome of petition. (Para 3) |
(video-conferencing)
C. Hari Shankar, J.
O.M.P.(I) (COMM.) 120/2021
1. Ms. Bhumika Kapoor, learned Counsel for the petitioner, seeks leave to withdraw this petition, with liberty to agitate the claims raised in this petition in appropriate proceedings, either under Section 17 of the Arbitration and Conciliation Act, 1996 or by any other means known to law.
2. Without expressing any opinion on the maintainability of the said claims or the arbitrability of the disputes, especially in the light of the Haryana Urban (Control of Rent and Eviction) Act, 1973 and RP No. 68/2020, which has already been preferred by the petitioner before the Rent Control Authority at Haryana, leave and liberty is granted as aforesaid. The petition is dismissed as withdrawn.
IAs 4862/2021 (exemption), 6608/2021 (ad-interim ex-parte relief) and 6609/2021 (exemption)
3. In view of the order passed in the petition, these applications stand disposed of.
Court allows withdrawal of a petition related to arbitration, permitting claims to be pursued under alternative legal means without commenting on the maintainability of those claims.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
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.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
Withdrawal of authority granted to an arbitrator results in dismissal of the related petition, preserving parties' rights to raise arbitrability issues in subsequent proceedings.
Upon the appointment of an arbitrator, the court permits the withdrawal of interim applications with liberty to move the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 19....
Eviction petitions under rent control laws are under the exclusive jurisdiction of the Rent Controller and not arbitrable.
When a pre-existing special mechanism is present for the adjudication of a specific type of dispute, it is not desirable to resort to other common methods. The special mechanism has been specifically....
Parties must adhere to pre-arbitral protocols as stipulated in their agreements prior to initiating arbitration proceedings.
Parties' consent regarding property division in arbitration proceeding is binding and sufficient basis for court to dismiss interim relief petition.
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