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DELHI HIGH COURT
C.HARI SHANKAR
Panchganga Schools Limited – Appellant
Versus
Sarabjeet Singh – Respondent
| Table of Content |
|---|
| 1. withdrawal of petitions for arbitration. (Para 1) |
| 2. petitions dismissed as withdrawn. (Para 2 , 3) |
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 In view thereof, these petitions stand dismissed as withdrawn.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.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
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.
Upon the appointment of an arbitrator, the court permits the withdrawal of interim applications with liberty to move the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 19....
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
The court permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
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.
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights under the Arbitration and Conciliation Act.
A litigant has the right to withdraw their petition to explore alternative legal remedies.
Parties are permitted to raise applications under Section 17 of the Arbitration and Conciliation Act before the Arbitral Tribunal once constituted.
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
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