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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
Important Points
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights under the Arbitration and Conciliation Act.
Subject
Arbitration - Withdrawal of Petition
Headnote
(A) Arbitration and Conciliation Act, 1996 - Section 17 - Withdrawal of petition pertaining to arbitration proceedings - The learned counsel for the petitioner sought permission to withdraw the petition with liberty to file an application under the Act before the appointed Arbitrator - Petition dismissed as withdrawn, allowing for future applications. (Paras 1, 2)
(B) Legal Principle - A party may withdraw a petition filed before the court in arbitration matters, granting them the ability to seek remedial measures directly with the appointed Arbitrator thereafter, maintaining their rights and contentions.
(B) Legal Principle - A party may withdraw a petition filed before the court in arbitration matters, granting them the ability to seek remedial measures directly with the appointed Arbitrator thereafter, maintaining their rights and contentions.
| Table of Content |
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| 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 petition dismissed as withdrawn.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 The petition is dismissed as withdrawn, with liberty as prayed for.
