SUBHASH VIDYARTHI
Chitra Misra – Appellant
Versus
Decathlon Sports India Private Ltd. , Thru. Managing Director – Respondent
JUDGMENT :
(Subhash Vidyarthi, J.) :
1. Heard Sri Pritish Kumar and Sri Amal Rastogi Advocates, the learned counsel for the petitioners and Sri S.C. Mishra, Senior Advocate assisted by Sri Sanjeev Singh, Advocate for the respondents.
2. By means of instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged the validity of an order dated 15.07.2022 passed by Hon’ble Justice Shri Dilip B. Bhosale (retired), Sole Arbitrator in the arbitration proceedings instituted by the petitioners against the respondents, whereby an application under Section 16(2) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Arbitration Act’) has been allowed and the arbitration proceedings have been dropped for want of jurisdiction, leaving it open to the parties to take appropriate remedy for redressal of their grievances at proper stage before appropriate Forum. The petitioners have also challenged the validity of the judgment and order dated 30.01.2024 passed by the Presiding Officer, Commercial Court No. 1, Lucknow in Arbitration Case No. 124 of 2022, dismissing an application under Section 13(1A) of the Commercial Court Act, 2005 read
Mayavati Trading (P) Ltd. versus Pradyuat Deb Burman
Duro Felguera, S.A. versus Gangavaram Port Ltd.
Vidya Drolia and Others Vs. Navrang Studios: (1981) 1 SCC 523
Food Corporation of India Versus Indian Council of Arbitration and Others: AIR 2003 SC 3011
Hindustan Petroleum Corporation Limited Versus Pink City Midway Petroleum: AIR 2003 SC 2881
Ambica Prasad Vs. Alam and others: (2015) 13 SCC 13
Vidya Drolia and Others Vs. Navrang Studios: (1981) 1 SCC 523
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