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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Kapoor Tent and Cateres - Appellant
Versus
Delhi Tourism and Transportation Development Corporation Ltd. - Respondent
O.M.P. (T) (COMM.) 89 of 2020 & I.A. 12690 of 2020
Decided On : 23-07-2021
Important Points
Subject
Arbitration - Dispute Resolution
Headnote
(B) Arbitrability - Disputes over the arbitrability can still be contested in subsequent proceedings. (Para 2)
Facts of the case:
The appellant challenged the withdrawal of authority granted to the arbitrator, leading to dismissal of the petition as withdrawn.
Findings of Court:
The court acknowledged the withdrawal and ordered the dismissal of the petition.
Issues: The main issue was the effect of the withdrawal of authority on the petition's adjudication.
Ratio Decidendi: The court ruled that withdrawal of authority by a party results in the dismissal of the relevant petition, preserving the right to contest arbitrability in future proceedings.
Result: Petition dismissed as withdrawn.
| Table of Content |
|---|
| 1. withdrawal of authority affects arbitration. (Para 1) |
| 2. arbitrability issues may be raised later. (Para 2) |
ORDER (Oral)
(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 Sujata Kashyap, learned Counsel for the respondent, submits that her client has withdrawn the authority granted to the arbitrator, with which the petitioner is aggrieved.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 Gupta submits that nothing survives for adjudication in this petition, which is, accordingly, dismissed as withdrawn.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.
