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DELHI HIGH COURT
C.HARI SHANKAR
Epsilon Eduventures Private Limited – Appellant
Versus
Bikash Dash – Respondent
| 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 petition dismissed as withdrawn (Para 2) |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 The petition is dismissed as withdrawn.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.
A party can withdraw an arbitration petition but retains the right to file separate petitions regarding distinct agreements.
Parties must adhere to pre-arbitral protocols as stipulated in their agreements prior to initiating arbitration proceedings.
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.
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights under the Arbitration and Conciliation Act.
Court permitted withdrawal of writ petition, reserving liberty for statutory or civil remedies.
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.
Writ petition withdrawn with liberty to seek relief before arbitrator in land acquisition compensation dispute.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
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