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HIGH COURT OF DELHI
Date of Decision: 10.7.2018
JOGINDER SINGH CHOUDHARY (J.S. CHOUDHARY) & ANR. ..... Petitioner
Through: Mr. Anil Sapra, Sr. Adv. with Mr. Sunil Kr. Gandhi, Mr. Shivanshu Kumar, Mr. Aditya Kapoor, Ms. Medha Tandon, Mr. Sarthak Katyal and Mr. Jaideep, Advs.
Mr. J.S. Choudhary – petitioner No.1.
Mr. R.P. Choudhary – petitioner
No.2.
Through: Mr. Rajat Mathur with Mr. Akshay Singh, Advs. along with respondent –
Sukhvir Singh Choudhary.
SHRI J.S. CHAUDHARY & ANR. ..... Petitioner
Through: Mr. Anil Sapra, Sr. Adv. with Mr. Sunil Kr. Gandhi, Mr. Shivanshu Kumar, Mr. Aditya Kapoor, Ms. Medha Tandon, Mr. Sarthak Katyal and Mr. Jaideep, Advs.
Mr. J.S. Choudhary – petitioner No.1.
Mr. R.P. Choudhary – petitioner
No.2.
CHAUDHARY) & ANR. ..... Respondent
Through: Mr. Rajat Mathur with Mr. Akshay 2018:DHC:4045
Arb.P.No.155/2018 & O.M.P. (I) No.3/2018 Pg. 2 of 3
Singh, Advs. for R-1.
Mr. Deepak Gupta with Mr. Jai Sahai Endlaw, Advs. for R-2.
Mr. Sukhvir Singh Chaudhary – respondent No.1.
JUDGMENT
1. After some arguments, learned counsel for both the parties submit that these matters be disposed of with the following directions:
(i) The petitioners before this Court will file a suit qua respondent
No.1, who, has raised objections with regard to the existence of the Arbitration Agreement, which is contained in the Memorandum of Oral Partition dated 4.7.2014.
(ii) The suit, if any, shall be filed by the petitioners within six weeks from the date of receipt of a copy of the order.
(iii) The interim orders dated 2.2.2018 & 22.3.2018 shall continue to operate for a period of six weeks from the date of receipt of the order to enable the petitioners to move the appropriate Court by way of a suit action.
(iv) In case the suit action is not filed within the aforementioned timeframe, the interim protection granted by the orders dated 2.2.2018 and 22.3.2018 will dissolve.
(v) Needless to say, the parties will be at liberty to advance their contentions before the suit court and seek necessary relief.
2. I may only note that both petitioner No.1 and 2 as well as respondent No.1 are present in the Court and this order is passed with their concurrence. Arb.P.No.155/2018 & O.M.P. (I) No.3/2018 Pg. 3 of 3
3. Consequently, pending applications shall stand closed.
RAJIV SHAKDHER, J JULY 10, 2018