Hero Cycles Limited & ANR v. Vijay Kumar Munjal & ORS

$~31 & 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 134/2020 &I.A.

4972/2020, I.A.

11039/2020 HERO CYCLES LIMITED & ANR ..... Petitioners Through:

Mr. Akhil Sibal, Sr. Adv. with Mr. Vikas Mishra, Malini Sud, Nikhil Chawla, Shriya Mishra and Shashwat Tripathi, Advs.

versus VIJAY KUMAR MUNJAL & ORS ..... Respondents Through:

Mr. Sandeep Sethi, Sr. Adv.

with Mr. Sahil Narang, Mr. Ankur Sangal, Ms. Pragya Mishra and Mr. Madhavam Sharma, Advs.

+ O.M.P.(I) (COMM.) 105/2021 &I.A. 4311/2021, I.A.4312/2021 HERO ELECTRIC VEHICLES PRIVATE LIMITED & ORS ..... Petitioners Through:

Mr. Sandeep Sethi, Sr. Adv.

with Mr. Sahil Narang, Mr. Ankur Sangal, Ms. Pragya Mishra and Mr. Madhavam Sharma, Advs.

versus LECTRO- E-MOBILITY PRIVATE LIMITED & ORS ..... Respondents Through:

Mr. Akhil Sibal, Sr. Adv. with Mr. Vikas Mishra, Malini Sud, Nikhil Chawla, Shriya Mishra and Shashwat Tripathi, Advs.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR By:SUNIL SINGH NEGI 14:34:18 O.M.P.(I) (COMM.) 134/2020&O.M.P.(I) (COMM.) 105/2021

O R D E R (ORAL) % 26.03.2021 1.

Learned Senior Counsel for both parties in these cases inform that the Arbitral Tribunal, to arbitrate on the disputes between the parties, is in the process of being constituted, and that each of the parties have appointed their respective arbitrators, who are in the process of appointing a third arbitrator.

2.

They suggest, ad idem, that these petitions could be disposed of by treating them as applications under Section 17 of the Arbitration and Conciliation Act, 1996 for decision by the learned Arbitral Tribunal.

3.

Accordingly, these petitions stand disposed of with liberty to the petitioners to agitate them as applications under Section 17 before the learned Arbitral Tribunal once the Arbitral Tribunal is constituted and enters on the reference.

C.HARI SHANKAR, J.

MARCH 26, 2021 dsn By:SUNIL SINGH NEGI 14:34:18 O.M.P.(I) (COMM.) 134/2020&O.M.P.(I) (COMM.) 105/2021