High CourtsSingle Bench

OYO Workspaces India Private Ltd vs Real Capital Towers Private Ltd

Delhi High Court · Decided on 8 October 2020 · Citation: (2020) 10 DEL CK 0038

HON’BLE JUDGES
C. Hari Shankar, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 17
RESULT
Disposed Of
CASE NUMBER
Original Miscellaneous Petition (I) (COMM.) No. 250 Of 2020
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Judgment

6 paragraphs · 192 words

C. Hari Shankar, J

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   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.