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High Court of DelhiW.P.(C)/1245/2024

Ruchika Agarwal (Prop.) M/S Sangeeta Furniture Concepts v. V P Sharma Advocate & ANR.

2024-02-06Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1245/2024 & CM APPL. 5217/2024 RUCHIKA AGARWAL (PROP.) M/S SANGEETA FURNITURE CONCEPTS ..... Petitioner Through:

Mr. Anirudh Gupta, Advocate.

versus V P SHARMA ADVOCATE & ANR.

..... Respondents Through:

Mr. Avadh Kaushik and Ms. Saloni Mahajan, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.02.2024 1.

The Petitioner has challenged the Order dated 11.01.2024 passed by the Respondent No.1/Ld. Sole Arbitrator.

2.

It is the case of the Petitioner that the present arbitration proceedings cannot be continued for the reason that the goods have been supplied prior to the Petitioner's being registered as an MSME. It is the contention of the Petitioner that there is no decision on the application filed by the Petitioner for terminating the arbitration proceedings other than stating that an incomplete application has been filed by the Petitioner/claimant's Counsel as the Vakalatnama as well as the Power of Attorney has not been along with the application.

3.

It is stated that the Vakalatnama as well as Power of Attorney has been filed with the Claims Statement. This Court is of the opinion that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:40:01

application ought not to have been dismissed on the aforesaid reasons. The Order dated 11.01.2024 is set aside. The Ld. Arbitrator is requested to consider the application of the Petitioner on merits and pass appropriate Orders, after hearing the parties, in accordance with law. 4.

The writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 6, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:40:01