Aakash Educational Services Ltd v. Sahib Sital Singh Bajwa & Ors.

Delhi High Court · 15 Jul 2020 · 2020:DHC:2294-DB
Siddharth Mridul; Talwant Singh
FAO(OS) (COMM) 78/2020
2020:DHC:2294-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal against the appointment of a sole Arbitrator and directed expeditious arbitration proceedings including interim applications under the Arbitration and Conciliation Act, 1996.

Full Text
Translation output
FAO(OS) (COMM) 78/2020
#2 HIGH COURT OF DELHI
JUDGMENT
Delivered On: 15.07.2020
FAO(OS) (COMM) 78/2020 & CM APPL. No.14534/2020 (for interim direction)
AAKASH EDUCATIONAL SERVICES LTD .....Appellant
versus
SAHIB SITAL SINGH BAJWA & ANR. ......Respondents
Advocates who appeared in this case:
For the Appellant : Mr. Anunaya Mehta, Mr. Akshaydeep Singhal and Mr. Sanjay Garg, Advocates
For the Respondents : Ms. Shantha Devi Raman, Advocate
CORAM:
HON’BLE MR. JUSTICE SIDDHARTH MRIDUL
HON’BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)

1. The present appeal has been taken up for hearing through video conferencing on account of COVID-19 pandemic.

2. The present appeal under the provisions of Section 37(1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 2020:DHC:2294-DB ‘said Act’), instituted on behalf of the Aakash Educational Services Ltd., the appellant, assails the order dated 29.06.2020 rendered by the Commercial Division of this Court in OMP (I) (COMM) No.121/2020 titled as ‘Aakash Educational Services Ltd. vs. Sahib Sital Singh Bajwa & Ors.’.

3. We have heard learned counsel appearing on behalf of the parties at length and perused the impugned order dated 29.06.2020.

4. Learned counsel appearing on behalf of the parties state in unison that in view of the circumstance that the learned Single Judge by way of impugned order dated 29.06.2020 appointed Mr. Sudhanshu Batra, learned Senior Advocate as a sole Arbitrator to adjudicate the disputes between the parties, the present appeal may be disposed of with a direction to the learned Arbitrator to proceed further with the arbitration proceedings including determination of interim applications, as may be instituted on behalf of the parties under Section 17 of the said Act, expeditiously, without being influenced in any manner by the observations made by the learned Single Judge in the impugned order dated 29.06.2020.

5. Directed accordingly.

6. It is hoped and expected that Mr. Sudhanshu Batra, learned Senior Advocate, the sole Arbitrator, shall determine the disputes between the parties including the application for interim directions, as may be filed under Section 17 of the said Act, in accordance with law, expeditiously and without granting unwarranted adjournments to the parties.

7. No further directions are called for.

8. With the above directions, the present appeal is disposed of accordingly. The pending application also stands disposed of.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE) JULY 15, 2020 as