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HIGH COURT OF DELHI
O.M.P.(I) (COMM.) 250/2020
OYO WORKSPACES INDIA PRIVATE LTD ..... Petitioner
Through: Mr. Jeevan Ballav Panda, Ms. Shalini Sati Prasad, Mr. Satish Padhi, Ms. Meher Tandon, Mr. Gaurav Sharma, Advs.
Through: Mr. Vivek Kishor and Mr.Zorawar Singh, Advs.
8.10.2020 (Video-Conferencing)
JUDGMENT
1. Both parties submit, ad idem, that, as a Sole Arbitrator has been appointed to arbitrate on the disputes between the parties, this petition could be converted into a petition under Section 17 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”), and placed before the learned Sole Arbitrator, to take a decision thereon. Learned Counsel are also ad idem that the respondent would be at liberty to file its counter claims before the learned Sole Arbitrator, if it so chooses.
2. In view thereof, this petition is disposed of. The petition shall be treated as a petition under Section 17 of the 1996 Act, and placed before the learned Sole Arbitrator, who would take a decision thereon 2020:DHC:2958 OMP (I) (COMM.) 250/2020 appropriately in accordance with law.
3. The respondent is at liberty to file counter claims, if any, before the learned Sole Arbitrator, in accordance with law.
4. The Registry is directed to return the petition to the petitioner so that it could be filed before the learned Sole Arbitrator as a petition under Section 17 of the Act.
5. The petition stands disposed of accordingly.
C. HARI SHANKAR, J.
OCTOBER 8, 2020