Rockland Hospital Ltd. & ANR. v. Prabhat Kumar Srivastava & ANR.

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 31/2017 ROCKLAND HOSPITAL LTD. & ANR.

..... Petitioners Through:

Mr. Sandeep Sethi, Sr. Advocate with Mr. Amit Mahajan, Mr. H Beeran, Mr. Nikhil & Mr. Shashank Khurana, Advocates versus PRABHAT KUMAR SRIVASTAVA & ANR.

..... Respondents Through:

Mr. Arvind Nigam, Sr. Advocate with Mr. Rajmangal Kumar, Mr. Harsh Sethi & Mr. Himanshu Bhandari, Advocates

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.04.2017 1.

After some arguments, with the consent of the parties, the present petition is disposed of by directing that the order dated 20.01.2017 shall continue, till the conclusion of the arbitral proceedings. However, the parties shall be at liberty to seek modification/vacation of the said order before the arbitral tribunal as and when constituted.

2.

The arbitral tribunal is not precluded from considering such modification/vacation of the stay order dated 20.01.2017. 3.

It is clarified that nothing stated in the order passed in these proceedings shall construed as an expression of opinion on the merits of the dispute between the parties. The arbitral tribunal shall consider

the statement of claim/counter-claims or any other applications as may be filed by the parties un-influenced by any observations made by this Court in any of the orders passed by this Court in the proceedings.

VIBHU BAKHRU, J.

APRIL 18, 2017 P