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2022 Supreme(Online)(DEL) 2362

HIGH COURT OF DELHI
RAJESH GUPTA AND OTHERS – Appellant
Versus
DINESH GUPTA AND OTHERS – Respondent


JUDGMENT

VIBHU BAKHRU, J

1. The appellants have filed the present appeal under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C Act’), impugning orders dated 22.07.2020 and 24.06.2021 (hereafter ‘the impugned orders’) passed by the Arbitral Tribunal.

2. The appellants’ challenge to the impugned order dated

22.07.2020 is confined to the findings of the Arbitral Tribunal that no cause of action had arisen for the appellants in respect of certain counter-claims (referred to as Claims A, C, D, E and H). In respect of these counter-claims, the Arbitral Tribunal also granted liberty to revive the same at a subsequent stage.

3. The appellants, subsequently, sought revival of two counter- claims referred to as Claim A and H. However, by the impugned order dated 24.06.2021, the Arbitral Tribunal did not entertain the same. In respect of Claim A, the Arbitral Tribunal held that there was no material to indicate that the said claim had arisen in connection with the Family Settlements. In respect of Claim H, the Arbitral Tribunal, in effect, held that the same was premature. The Arbitral Tribunal’s order dated 24.06.2021 is challenged to the limited extent that th

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