Atiulla Mahmood & ANR v. Shanti Devi & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1.

+ ARB.P. 396/2014 ATIULLA MAHMOOD & ANR ..... Petitioners Through: Mr. Aviral Tiwari, Advocate.

versus SHANTI DEVI & ORS.

..... Respondent Through: Mr. V. Shekhar, Senior Advocate with Mr. Nishant Anand, Mr. Anil Diwedi and Mr.

Anant Gautam, Advocates for Applicant in IA Nos. 16730/2015 & 16731/2015.

Mr. Ajay Chaudhary with Ms. Nisha Aggarwal, Advocates for R- 1 and R-3 to R-11.

CORAM: JUSTICE S. MURALIDHAR % 08.01.2016

O R D E R

IA No. 16730/2015 (seeking recall of order dated 9th March 2015) & IA No. 16731/2015 (seeking stay of order dated 9th March 2015)

1. The parties were unable to settle their disputes through mediation.

2. Having heard learned counsel for the parties, the Court modifies its order dated 9th March 2015 by clarifying that it will be open to Smt. Sushil, the Applicant in IA Nos. 16730/2015 & 16731/2015, to participate in the arbitration proceedings without prejudice to her right to pursue any other independent remedy that may be available to her in accordance with law.

3. It is stated by Mr. V. Shekhar, learned Senior counsel appearing for the Applicant, on instructions, that the Applicant will not be participating in the arbitration proceedings and will seek to pursue other remedies that she may have, in accordance with law.

4. The applications are disposed of.

S. MURALIDHAR, J JANUARY 08, 2016