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DELHI HIGH COURT
C.HARI SHANKAR
Kapoor Tent and Cateres – Appellant
Versus
Delhi Tourism and Transportation Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. withdrawal of authority affects arbitration. (Para 1) |
| 2. arbitrability issues may be raised later. (Para 2) |
(Video-Conferencing)
C. Hari Shankar, J.
O.M.P. (T) (COMM.) 89/2020
1. Ms. Sujata Kashyap, learned Counsel for the respondent, submits that her client has withdrawn the authority granted to the arbitrator, with which the petitioner is aggrieved. As such, Mr. Gupta submits that nothing survives for adjudication in this petition, which is, accordingly, dismissed as withdrawn.
2. Mr. Gupta has also raised certain issues with respect to the arbitrability of the dispute. Liberty is reserved with him to raise the said issues while contesting Arb. P. 612/2021.
I.A. 12690/2020
In view of the order passed in the petition, this application stands disposed of.
Withdrawal of authority granted to an arbitrator results in dismissal of the related petition, preserving parties' rights to raise arbitrability issues in subsequent proceedings.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
A party can withdraw an arbitration petition but retains the right to file separate petitions regarding distinct agreements.
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.
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.
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights under the Arbitration and Conciliation Act.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
Court permitted withdrawal of writ petition, reserving liberty for statutory or civil remedies.
Settlement of dispute leading to withdrawal of arbitration application
An arbitrator loses jurisdiction after the termination of proceedings, rendering any subsequent orders void.
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