Mangla Advisory Pvt. Ltd. v. Cybizcall (International) & Anr.

Delhi High Court · 31 Aug 2009 · 2009:DHC:3553
Shiv Narayan Dhingra
Arb. P. 135/2006
2009:DHC:3553
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the petition under Section 9 of the Arbitration and Conciliation Act, 1996 as the disputes were not arbitrable and no arbitrator was appointed under Section 11.

Full Text
Translation output
Arb.P. 135/2006 Mangla Advisory P. Lt. v.Cybizcall (International) & Anr.
HIGH COURT OF DELHI
Date of Reserve: August 07, 2009
Date of Order: August 31, 2009 Arb. P.135/2006
31.08.2009 Mangla Advisory Pvt. Ltd. ...Petitioner
Through: Mr. Kirti Uppal, Advocate
VERSUS
Cybizcall (International) & Anr. ...Respondent
Through: Mr. Sanjeev Narula, Advocate JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. This petition under Section 9 of the Arbitration & Conciliation Act, 1996 has been preferred by the petitioner.

2. I have dismissed another petition under Section 11 of the petitioner for appointment of an arbitrator. This petition is maintainable only if the disputes between the parties are referable to an arbitrator. Since the disputes itself are not referable to the arbitrator and this Court has refused to appoint an arbitrator, this petition/ application under Section 9 is not maintainable and is hereby dismissed. No orders as to costs. August 31, 2009 SHIV NARAYAN DHINGRA J. rd