Pnb Housing Finance Limited v. D Suraj Kumar D S Rao & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 8/2017 PNB HOUSING FINANCE LIMITED ..... Petitioner Through:

Mr Ajay Uppal, Advocate.

versus D SURAJ KUMAR D S RAO & ANR.

..... Respondents Through:

Ms Shweta S. Parihar and Mr Priyash Dube, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 28.04.2017 The learned counsel for the respondents seeks time to file a reply. However, this court considers it apposite that the controversy be considered by the arbitrator as the learned counsel for the petitioner states that the petitioner has already initiated the process of appointing an arbitrator. he assures this court that the arbitrator would be appointed within a period of one week from today.

Let the same be done with due notice to the respondents. In addition notice of such appointment would also be served on the learned counsel for the respondents (appearing in this petition). Since, the petitioner had already taken steps to appoint an arbitrator, the present petition is disposed of by directing that the order passed on 09.01.2017 shall continue till the conclusion of the arbitral proceedings. The respondents would be at liberty to approach the arbitrator for

modification/vacation of order dated 09.01.2017. Needless to mention that, if any such application is filed, the same would be considered in accordance with law, uninfluenced by any observations made by this Court. It is clarified that the arbitrator would not be precluded from passing any order for vacation / modification of order dated 09.01.2017. The petition is disposed of with the above directions. VIBHU BAKHRU, J APRIL 28, 2017 MK