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DELHI HIGH COURT
C.HARI SHANKAR
Sunshine Agrisystem Pvt. Ltd. – Appellant
Versus
Zakir Hussain – Respondent
| Table of Content |
|---|
| 1. granting exemptions and condonation of delay. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. authority of previous court orders during arbitration. (Para 7 , 8 , 9 , 10 , 11) |
| 3. respondent's commitment not to alienate property. (Para 12 , 13) |
| 4. conclusion upholding the petition. (Para 14) |
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I.A. 6952/2021 & I.A. 6954/2021 (under Section 151 of CPC, 1908- for exemption)
1. Exemptions allowed, subject to all just exceptions.
2. These applications stand disposed of.
I.A. 6953/2021 (under Section 151 of CPC, 1908- for exemption)
3. Subject to the petitioner filing legible copies of any dim or illegible documents on which he may seek to place reliance, within four weeks from today, exemption is granted for the present.
4. The application stands disposed of.
I.A. 6955/2021 (for condonation of delay)
5. For the reasons stated therein, the delay of 16 days in re-filing the petition under Section 9 of the Arbitration and Conciliation Act, 1996, is condoned.
6. The application stands disposed of.
O.M.P.(I) (COMM.) 167/2021
7. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996.
8. Prior to the arbitral proceedings,
The court held that a restraining order remains effective during arbitration until modified, and assurance from the respondent's counsel to not alter the status of the subject property suffices for t....
The court upheld that without adjudicated rights, it would not interfere in procedural orders under Section 9 of the Arbitration and Conciliation Act.
Applications under Section 151 of CPC cannot be maintained if they do not comply with applicable laws, especially in disposed arbitration proceedings.
Limitations under the Arbitration and Conciliation Act, 1996 may be waived in light of extraordinary circumstances, such as a pandemic, as per relevant Supreme Court orders.
The limitation for filing objections under Section 34 of the Arbitration and Conciliation Act and the applicability of Section 4 of the Limitation Act for condonation of delay.
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