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IN THE HIGH COURT OF DELHI
Navin Chawla, J.
Welspun One Logistics Parks Fund-I - Appellant
Versus
Mohit Verma - Respondent
O.M.P.(I) (COMM.) 157 of 2022 & I.A. 10389 of 2022 & 17173 of 2022
Decided On : 19-12-2022
| Table of Content |
|---|
| 1. withdrawal of petition with liberty granted. (Para 1) |
| 2. petition dismissed as withdrawn. (Para 2) |
JUDGMENT
Navin Chawla, J.
1. The learned senior counsel for the petitioner submits that as an Arbitrator has been appointed in ARB.P. 792/2022, he may be allowed to withdraw the present petition with liberty to file an application under Section 17 of the Arbitration and Conciliation Act, 1996, without prejudice to the rights and contentions of the petitioner, before the Arbitrator so appointed.
2. The petition is dismissed as withdrawn, with liberty as prayed for.
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights 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....
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
Settlement of dispute leading to withdrawal of arbitration application
Dismissal of Arbitration Application as Withdrawn
The court permits withdrawal of arbitration appeal, dismissing it as withdrawn, reflecting the procedural compliance under applicable arbitration laws.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
Under Section 11, court refers disputes to arbitration if agreement exists and not non-arbitrable; procedural defences for tribunal.
The court facilitates the appointment of a substitute arbitrator to ensure continuity in ongoing arbitral proceedings as per Section 11(6) of the Arbitration and Conciliation Act, 1996.
Prior civil suit withdrawal without leave does not bar arbitration reference under Section 11 if agreement prima facie exists.
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