Usha Wadhwa v. Pushpa Sharma

Delhi High Court · 09 Oct 2020 · 2020:DHC:2972
C. Hari Shankar
O.M.P.(I) (COMM.) 327/2020
2020:DHC:2972
civil petition_dismissed

AI Summary

The High Court dismissed the petition as withdrawn, allowing the petitioner to initiate arbitral proceedings and seek interim relief under Section 17 of the Arbitration and Conciliation Act, 1996.

Full Text
Translation output
O.M.P.(I) (COMM.) 327/2020
HIGH COURT OF DELHI
O.M.P.(I) (COMM.) 327/2020 & I.A. 9005/2020
USHA WADHWA ..... Petitioner
Through: Mr. P.K. Agrawal, Adv. with Mr. Tannya Sharma and Ms. Deepti Gupta, Advs.
VERSUS
PUSHPA SHARMA, SOLE PROPRIETOR, PET STORE..... Respondent
Through: Mr. Saket Sikri, Adv. with Mr. Ajay Pal Singh Kullar, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL)
09.10.2020 (Video-Conferencing)
JUDGMENT

1. Mr. P.K.Agrawal, learned counsel appearing for the petitioner, does not press the present petition, as he submits that he would be proceeding to initiate, by following due process of law, arbitral proceedings and, thereafter, to move the learned arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996.

2. Leave and liberty to do so, in accordance with law, is reserved with the petitioner.

3. This petition is dismissed as withdrawn. 2020:DHC:2972

4. It is made clear that this Court has not expressed any opinion on the merits of the petition and that the withdrawal of this petition shall not inhibit the learned arbitrator from considering any application under Section 17 of the the Arbitration and Conciliation Act, 1996, if moved by the petitioner, on its own merits. I.A. 9005/2020 in O.M.P.(I) (COMM.) 327/2020

5. In view of the order passed in O.M.P.(I) (COMM.) 327/2020, this application does not survive for consideration.

6. The application stands disposed of accordingly.

C. HARI SHANKAR, J.