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High Court of DelhiO.M.P.(I) (COMM.)/413/2024

Ms Himalayan Flora And Aromas Pvt Ltd v. Municipal Corporation Of Delhi

2024-12-06Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 413/2024 MS HIMALAYAN FLORA AND AROMAS PVT LTD .....Petitioner Through:

Ms. Vandita Nain, Advocate versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Tushar Sannu, Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.12.2024 I.A. 47802/2024 1.

This is an application on behalf of the Petitioner seeking modification of the Order dated 06.12.2024 passed by this Court appointing Justice Rajiv Shakdher, Former Chief Justice of the Himachal Pradesh High Court, as the Arbitrator and at the same time invoking emergency arbitration under the DIAC.

2.

It is stated by learned Counsel for the Petitioner that if a Tribunal is constituted, then DIAC cannot initiate emergency proceedings and therefore there is a contravention in terms of the Order dated 06.12.2024. 3.

The Order dated 06.12.2024 is modified to the extent that the arbitration be conducted under the aegis of DIAC. The DIAC is directed to proceed ahead under Part E of the DIAC Rules and proceedings be conducted by the DIAC today itself.

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 10/12/2024 at 11:02:00

4.

The application is disposed of.

SUBRAMONIUM PRASAD, J DECEMBER 09, 2024 hsk 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 10/12/2024 at 11:02:00