Pnb Housing Finance Limited v. D V Raghunath & ANR.
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 31/2018 PNB HOUSING FINANCE LIMITED ..... Petitioner Through:
Mr.Ajay Uppal and Mr.Nishant Maidasani, Advs.
versus D V RAGHUNATH & ANR.
..... Respondents Through:
MrShailesh Madiyal and Mr.Sudhanshu Prakash, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 19.04.2018 Learned counsel for the respondents submits that without prejudice to his contentions, respondents are interested in amicably settling the disputes with the petitioner. Learned counsel for the petitioner has no objection to the same. He further submits that the parties can meet at the Bangalore Branch office of the petitioner for exploring the possibility of a settlement. At the same time, learned counsel for the petitioner submits that the Arbitral Tribunal has already been constituted. Learned counsel for respondents submits that he has no information regarding such appointment. Learned counsel for the petitioner shall, by written communication, inform the learned counsel for the respondents about the particulars of the Arbitrator so appointed and the next date of hearing. As the Arbitrator has already been appointed, Interim Order dated 22.01.2018 shall continue during the arbitral proceedings. However, the
respondents shall be at liberty to file an application seeking modification/variation/vacation of the Interim Order before the Arbitral Tribunal. The respondents shall also be free to raise any grievance regarding appointment of the Arbitrator, if so advised. This court has not expressed any opinion on the validity of the Arbitrator, so appointed. Learned counsel for the respondents submits that this court would lack territorial jurisdiction to adjudicate upon the present petition. As noted above, as the Arbitrator has already been appointed, I need not go into this question at this stage. However, this would not prejudice the respondents in any manner from challenging the jurisdiction of this court in any other proceedings in relation to the Arbitration.
The petition is disposed of in the above terms, with no order as to cost.
NAVIN CHAWLA, J APRIL 19, 2018/Arya