Jakki Mull & Sons vs Jagdish Thakral

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
NAJMI WAZIRI, SWARANA KANTA SHARMA
Jakki Mull & Sons – Appellant
Versus
Jagdish Thakral – Respondent

Table of Content
1. referral of disputes to arbitration. (Para 1 , 2)
2. counter claims status post amendment withdrawal. (Para 3 , 4)
3. inclusion of counter claims in arbitration scope. (Para 5 , 6 , 15)
4. claim calculations and damages entitlement. (Para 7 , 12)
5. error in arbitrator's jurisdiction claim assessment. (Para 10 , 14)
6. final disposition of appeal and order. (Para 17 , 18)

JUDGMENT

Najmi Waziri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL. 9795/2020 (exemption)

Allowed, subject to all just exceptions.

The application stands disposed-off.

FAO(OS) 3/2018 & CM APPL. 9794/2020 (stay)

1. In an application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") preferred by the respondent, a reply was filed by the appellants along with their counter claim. With the consent of the parties, dispute was raised before the learned Arbitrator. On 11.01.2001, this Court noted as under:

"Learned counsel for the parties are agreed that the disputes raised in the present petition as well as in the reply may be referred to the arbitration of Justice Jaspal Singh (Retd. Judge of this court).

In this view of the

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DELHI HIGH COURTNAJMI WAZIRI, SWARANA KANTA SHARMAJakki Mull & Sons – AppellantVersusJagdish Thakral – Respondent

DELHI HIGH COURT
NAJMI WAZIRI, SWARANA KANTA SHARMA
Jakki Mull & Sons – Appellant
Versus
Jagdish Thakral – Respondent