Sunil Sood vs M/s Homeland Buildwell Pvt.Ltd, & Anr.

The learned counsel for the petitioner has placed on record a photo copy of judgment pronounced by the Hon''ble Delhi High Court upon OMP(1) (COMM) No. 267 of 2017, titled as "M/s Homeland Buildwell Private Ltd versus Sunil Sood", on 19.9.2017. He has drawn the attention of this Court to paragraph 10, 11 and 12 of the judgment, which stands reproduced hereinafter:

"10. Learned counsel for the parties agree that this petition under Section 9 of the Act be treated as an application under Section 17 of the Act to the Arbitrator and the arbitrator be requested to expeditiously disposed of the same.

In view of the above, with the consent of the parties, this petition is disposed of in the following terms:

11.1 This petition shall be treated as an application under Section 17 of the Act;

11.2 The reply filed by the respondent to this petition shall be treated as the reply to the section 17 application;

11.3 The parties shall appear before the Arbitrator on 26.9.2017 at 4:00 p.m. for directions;

11.4 Copy of the petition and reply filed by the respondents before this Court shall be filed before the arbitrator on 26.9.2017;

11.5 The petitioner shall file his rejoinder to the reply filed by the respondent, before the arbitrator on 26.9.2017;

11.6. The interim order dated 21.7.2017 shall continue till the Arbitrator modifies, varies or confirms the same;

11.7 The arbitrator is requested to dispose of the application under Section 17 of the Act within a period of 30 days of entering into reference.

It is clarified that the Arbitrator shall be at liberty to vacate, modify, vary or confirm the interim order rendered on 26.7.2017, without his being influenced by anything stated either in this order or in the said order dated 26.7.2017".

In view of the aforesaid recitals borne therein besides with a dispute borne in the aforesaid arbitration petition being similar vis-a-vis the extant lis. Consequently, the following directions are issued:

(i). This petition is ordered to be treated as an application under Section 17 of the Act;

(ii). The parties shall appear before the Arbitrator on 26.9.2017 at 4:00 PM for directions;

(iii). The copy of the petition filed before this Court shall be filed before the learned Arbitrator on 26.9.2017.

(iv). The interim order dated 26.7.2017 shall continue till the Arbitrator modifies, varies, vacates or confirms the same;

(v). The Arbitrator is requested to dispose of the application under Section 17 of the Act within a period of 30 days of entering into reference.

The parties at contest shall make all the relevant espousals before the learned Arbitrator appointed under the orders of the Hon''ble High Court at Delhi, rendered in Arbitration Petition No. 468 of 2017 on 19.9.2017.

Consequently, the instant arbitration petition is disposed of with the limited modification that the respondent shall file reply(s) to the petition before the learned Arbitrator concerned. All further appropriate orders for apposite extension(s)/continuation(s)/modification(s), shall be made by the learned Arbitrator appointed by the Hon''ble Delhi High Court. Copy dasti.