Narendra Chawla & ANR. v. Puri Construction Pvt Ltd & ORS.

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1180/2025 & CM APPL. 39755-39760/2025 NARENDRA CHAWLA & ANR.

.....Petitioner Through:

Mr. Dharam Dev, Advocate.

versus PURI CONSTRUCTION PVT LTD & ORS.

.....Respondent Through:

Mr. Pravin Bahadur, Mr. Saurav Kumar, Mr. Eshan Banduni and Ms.

Kavya Uppal, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 19.08.2025 1.

Petitioners herein (who are claimants before the learned Sole Arbitral Tribunal) are aggrieved by the manner in which the application moved by respondent Nos. 1 and 2 under Section 16 of Arbitration and Conciliation Act, 1996 has been allowed.

2.

The learned Arbitral Tribunal was constituted vide order dated 12.04.2024 passed in CS No.457/2022 and pursuant to the abovesaid order, Statement of Claim was filed before the learned Arbitral Tribunal and respondent Nos. 1 and 2 also filed Statement of Defence. 3.

During further proceeding before the learned Arbitral Tribunal, respondent Nos. 1 and 2 filed application under Section 16 of Arbitration and Conciliation Act, 1996 and vide impugned order dated 22.11.2024, learned Sole Arbitrator has allowed the abovesaid application by holding that respondent Nos. 3 and 4 could not have been made party to the Arbitration CM(M) 1180/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2025 at 12:03:37

proceedings.

4.

A preliminary objection has been taken by learned counsel for respondents herein. He submits that in terms of Section 37 of Arbitration and Conciliation Act, the impugned order is amenable to appeal and, therefore, the petitioners could not have maintained a petition under Article 227 of Constitution of India.

5.

During course of further arguments, learned counsel for the petitioners also acknowledged the abovesaid legal proposition and, without prejudice to his rights and contentions, seeks to withdraw the present petition with liberty to file appropriate appeal under Section 37 of Arbitration and Conciliation Act. He also supplements that he would, also, be filing a separate petition, challenging order dated 12.04.2024 whereby Arbitral Tribunal was constituted. The petitioners are always at liberty to take any such action, as they may be advised.

6.

Fact, however, remains that in view of the above, the present petition is disposed of as withdrawn with liberty as prayed for. 7.

All rights and contentions of the parties are reserved. 8.

The pending applications also stand disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 19, 2025/ss/js CM(M) 1180/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2025 at 12:03:37