Avtar Singh v. Sukhwinder Singh

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1991/2025, CM APPL. 64591/2025 & 64590/2025 AVTAR SINGH .....Petitioner Through:

Mr. Sahil Monga, Mr. Lalit Kumar, Ms. Esha Goel and Ms. Rudrakshi Gowtam, Advocates.

versus SUKHWINDER SINGH .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 14.10.2025 1.

The petitioner/defendant has assailed order dated 05.08.2025 passed by the learned District Judge (West), Tis Hazari Courts, Delhi, whereby learned trial court framed issues. Subsequent to framing of issues, petitioner/defendant filed an application for treating the issues no.1 and 2 as preliminary issues. That application was posted by the learned trial court on the next date of hearing. Since the next date of hearing would be subsequent to completion of trial before the Court Commissioner, the petitioner has approached this court. Broadly speaking, the petitioner/defendant contends that since there was an arbitration agreement, the court ought to have referred the matter to arbitration. On being pointed out that the plea of arbitration agreement was raised only in the amended Written Statement, learned counsel for petitioner seeks permission to withdraw this petition. 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 15/10/2025 at 12:04:10

2.

Accordingly, the petition and the accompanying applications are dismissed as withdrawn.

3.

The application for treating the issues no.1 and 2 as preliminary issues shall be decided by the learned trial court in an appropriate manner at appropriate stage without getting influenced by the above order. GIRISH KATHPALIA, J OCTOBER 14, 2025/ry 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 15/10/2025 at 12:04:10