IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Panchganga Schools Limited - Appellant
Versus
Sarabjeet Singh - Respondent
O.M.P.(I) (COMM.) 204 of 2021 and O.M.P.(I) (COMM.) 208 of 2021
Decided On : 04-10-2021
Important Points
Subject
Arbitration - Interim Measures
Headnote
(B) Jurisdiction of Courts - Court does not delve into the merits of the arbitration dispute when parties wish to approach the Tribunal - The Court's role is limited when proceedings are initiated under arbitration frameworks. (Paras 1, 2)
Facts of the case:
The petitioners initiated petitions under the Arbitration and Conciliation Act, seeking interim relief by aligning their cases with the Arbitral Tribunal. They sought to withdraw the petitions for adjudication before the Tribunal instead.
Findings of Court:
The Court allowed the petitioners to withdraw their applications, with the understanding that matters would proceed as permitted by the Arbitral Tribunal.
Issues: The primary issue was whether the petitioners could withdraw their petitions in favor of resolving the matter through arbitration.
Ratio Decidendi: The court held that parties are entitled to choose arbitration and that interim applications should be directed accordingly, respecting the autonomy of the arbitral process.
Result: Both petitions dismissed as withdrawn.
| Table of Content |
|---|
| 1. withdrawal of petitions for arbitration. (Para 1) |
| 2. petitions dismissed as withdrawn. (Para 2 , 3) |
ORDER (ORAL)
C.Hari Shankar, J.
O.M.P.(I) (COMM.) 204/2021 & O.M.P.(I) (COMM.) 208/2021
1. Learned Counsel for the petitioners in both the petitions [O.M.P.(I) (COMM.) 204/2021 and O.M.P.(I) (COMM.) 208/2021], seek leave to withdraw their respective petitions on the ground that they intend to contest the petitions as application before the learned Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act" in short).
2. In view thereof, these petitions stand dismissed as withdrawn. Subject to the decision of the learned Arbitral Tribunal in this regard, and if the learned Arbitral Tribunal so permits, these petitions may be treated as applications under Section 17 of the 1996 Act. This is strictly subject to the permission in that regard to being granted by the learned Arbitral Tribunal.
3. Both these petitions stand disposed of.