Usha Wadhwa v. Pushpa Sharma, Sole Proprietor, Pet Store

$~1 (original side) * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 327/2020 & I.A. 9005/2020 USHA WADHWA ..... Petitioner Through:

Mr. P.K. Agrawal, Adv. with Mr. Tannya Sharma and Ms.

Deepti Gupta, Advs.

versus PUSHPA SHARMA, SOLE PROPRIETOR, PET STORE ..... Respondent Through:

Mr. Saket Sikri, Adv. with Mr.

Ajay Pal Singh Kullar, Adv.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL) % 09.10.2020 (Video-Conferencing) O.M.P.(I) (COMM.) 327/2020 1.

Mr. P.K.Agrawal, learned counsel appearing for the petitioner, does not press the present petition, as he submits that he would be proceeding to initiate, by following due process of law, arbitral proceedings and, thereafter, to move the learned arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996. 2.

Leave and liberty to do so, in accordance with law, is reserved with the petitioner.

3.

This petition is dismissed as withdrawn.

SINGH NEGI O.M.P.(I) (COMM.) 327/2020 22:11:05

4.

It is made clear that this Court has not expressed any opinion on the merits of the petition and that the withdrawal of this petition shall not inhibit the learned arbitrator from considering any application under Section 17 of the the Arbitration and Conciliation Act, 1996, if moved by the petitioner, on its own merits.

I.A. 9005/2020 in O.M.P.(I) (COMM.) 327/2020 5.

In view of the order passed in O.M.P.(I) (COMM.) 327/2020, this application does not survive for consideration. 6.

The application stands disposed of accordingly. C. HARI SHANKAR, J.

OCTOBER 9, 2020 dsn SINGH NEGI O.M.P.(I) (COMM.) 327/2020 22:11:05