House Of Diagnostics Llp & ANR. v. Esaote Asia Pacific Diagnostic Private Limited & ORS.

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 81/2016 HOUSE OF DIAGNOSTICS LLP & ANR ..... Petitioners Through Mr.Rishi Manchanda, Adv. with Mr.Ankur Gosain, Adv.

versus ESAOTE ASIA PACIFIC DIAGNOSTIC PRIVATE LIMITED & ORS ..... Respondents Through Mr.Manu Seshadri, Adv. with Mr.Sharad Sharma, Adv. for R-1.

Mr.Sharique Hussain, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 25.07.2016 Learned counsel for the petitioner states that without prejudice to the rights and contention of the petitioner, he wishes to delete respondent No.2 from the array of parties.

Ordered accordingly.

Let amended memo of parties be filed within two days.

Counsel for the petitioner has pointed out the order dated 19th May, 2016 passed in Arb. P. No.313/2016 between the same parties whereby Justice Mukul Mudgal, retired Chief Justice of Punjab and Haryana High Court has been appointed as sole Arbitrator.

Counsel for the parties have agreed that the present petition be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 by the learned Arbitrator.

Ordered accordingly.

The petitioner to file the copies of pleadings before the Arbitrator within two weeks. Reply and rejoinder to this petition be filed by the parties directly before the Arbitrator.

The petition is accordingly disposed of.

MANMOHAN SINGH, J.

JULY 25, 2016/ka