Dismissed

Akshay Chaturvedi v. Ayush Chaturvedi & Ors.

Delhi HC13 Sept 2024O.M.P.(I) (COMM.)/187/2022

Case brief

AI extract

What is this about?

Petitioner sought to withdraw an application for interim measures under Section 9 of the Arbitration Act after an arbitrator was appointed, with liberty to approach the arbitrator under Section 17. Respondent raised no objection to the appointment fact. Court permitted withdrawal.

What did the court decide?

Dismissed as withdrawn with liberty to approach the arbitrator under Section 17.

Akshay Chaturvedi Vs Ayush Chaturvedi & Ors. — Arbitration | Delhi HC (2024)

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$~22

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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O.M.P.(I) (COMM.) 187/2022

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AKSHAY CHATURVEDI .....Petitioner Through: Mr. Vishesh Kanodia, Advocate.

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versus

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AYUSH CHATURVEDI & ORS. .....Respondents Through: Mr. Vinayak Batta, Mr. Yogendra Verma, Advocates.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R % 13.09.2024

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1. The petitioner has filed this petition under Section 9 of the Arbitration and Conciliation Act, 1996 [“the Act”], for interim measures of protection in anticipation of arbitral proceedings under partnership deeds dated 06.06.2021 and 01.01.2022.

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Mr. Vinesh Kanodia, learned counsel for the petitioner, states that an arbitrator has been appointed by a judgment of this Court dated 07.08.2024 in ARB.P. 228/2024 [ Akshay Chaturvedi v. Ayush Chaturvedi & Ors. ], and the learned Arbitrator has entered into the reference on 22.08.2024.

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In view of the provisions of Section 9(3) of the Act, Mr. Kanodia seeks permission to withdraw the petition, with liberty to move the learned arbitrator under Section 17 of the Act.

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Page 1 of 2

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O.M.P.(I) (COMM.) 187/2022

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This is a digitally signed order.

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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 18/09/2024 at 12:27:47

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Mr. Vinayak Batta, learned counsel for the respondent, states that he has filed an application for review of the judgment of this Court dated 07.08.2024. Be that as it may, the fact that an arbitrator has been appointed, and entered into the reference, is not disputed.

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In view of the fact that the petitioner seeks permission to withdraw the petition and approach the learned arbitrator, the petition is dismissed as withdrawn, with liberty as aforesaid. In the event the order of appointment of the arbitrator is set aside or stayed, it will be open to the petitioner to approach the Court under Section 9 of the Act.

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PRATEEK JALAN, J

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SEPTEMBER 13, 2024 ‘Bhupi’/

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Page 2 of 2

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O.M.P.(I) (COMM.) 187/2022

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This is a digitally signed order.

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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 18/09/2024 at 12:27:47

Akshay Chaturvedi v. Ayush Chaturvedi & Ors.

Case brief

What is this about?

What did the court decide?

Akshay Chaturvedi v. Ayush Chaturvedi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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