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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Epsilon Eduventures Private Limited - Appellant
Versus
Bikash Dash - Respondent
ARB.P. 847 of 2021 & I.A. 12202 of 2021
Decided On : 20-09-2021
Important Points
A party can withdraw an arbitration petition but retains the right to file separate petitions regarding distinct agreements.
Subject
Arbitration - Withdrawal of Petition
Headnote
(A) Arbitration and Conciliation Act, 1996 - Petition for reference to arbitration regarding disputes in three agreements - The petitioner withdrew the petition with the liberty to file separate petitions for each agreement. (Paras 1-2)
(B) Dismissal of petition - The court granted leave to withdraw the petition, which is dismissed as withdrawn. (Para 2)
Facts of the case:
The petition was filed for reference to arbitration regarding disputes from three agreements but was withdrawn by the petitioner.
Findings of Court:
The petition is dismissed with liberty to file separate petitions for each agreement.
Issues: The primary issue addressed was the petitioner's request to withdraw the petition while retaining the right to file separate petitions for each agreement.
Ratio Decidendi: The court allowed the withdrawal of the petition, underscoring the petitioner’s right to bring forward distinct claims in separate petitions.
Result: Petition dismissed as withdrawn.
(B) Dismissal of petition - The court granted leave to withdraw the petition, which is dismissed as withdrawn. (Para 2)
Facts of the case:
The petition was filed for reference to arbitration regarding disputes from three agreements but was withdrawn by the petitioner.
Findings of Court:
The petition is dismissed with liberty to file separate petitions for each agreement.
Issues: The primary issue addressed was the petitioner's request to withdraw the petition while retaining the right to file separate petitions for each agreement.
Ratio Decidendi: The court allowed the withdrawal of the petition, underscoring the petitioner’s right to bring forward distinct claims in separate petitions.
Result: Petition dismissed as withdrawn.
| Table of Content |
|---|
| 1. withdrawal of petition for arbitration (Para 1) |
| 2. petition dismissed as withdrawn (Para 2) |
| 3. next date for matter cancelled (Para 3) |
ORDER
1. Mr. Gautam Swarup, learned Counsel for the petitioner, submits that the present petition was filed for reference, to arbitration, of disputes arising out of three agreements and that, having examined the legal position, he has been instructed to withdraw this petition with liberty to file separate petitions in respect of each agreements.
2. Leave and liberty is granted as prayed for. The petition is dismissed as withdrawn.
3. The next date fixed in the matter, i.e. 23rd November, 2021, stands cancelled.
