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High Court of DelhiARB.P./117/2017

Goverdhan Kummarikunta v. The Managing Director John Snow India Private Ltd.

2017-02-06Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 117/2017 GOVERDHAN KUMMARIKUNTA ..... Petitioner Through:

Mr V. K. Sagar and Mr Gaurav Kumar, Advocates.

Versus

THE MANAGING DIRECTOR JOHN SNOW INDIA PRIVATE LTD.

..... Respondent Through:

Mr M. M. Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.02.2017 IA No.1516/2017 Allowed, subject to all just exceptions.

ARB.P. 117/2017 The learned counsel for the petitioner states that there is an arbitration clause in the agreements entered into between the parties which have not been produced.

The said clause also does not find any reference in the petition as well as the petitioner has filed the present petition solely relying on the clause of the Memorandum of Association of the respondent company.

The petitioner seeks to withdraw the present petition with liberty to file afresh.

In view of the statement of the learned counsel that the separate

agreements entered into between the petitioner and the respondent also contains an arbitration clause, the petition is dismissed as withdrawn with liberty to the petitioner to apply afresh.

VIBHU BAKHRU, J FEBRUARY 06, 2017 MK