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2024 Supreme(All) 828

SUBHASH VIDYARTHI
Chitra Misra – Appellant
Versus
Decathlon Sports India Private Ltd. , Thru. Managing Director – Respondent


Advocates Appeared:
For the Petitioners: Pritish Kumar, Amal Rastogi.
For the Respondents: Sanjeev Singh.

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

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