Disposed¶7

Arti Kapur v. Sumana Verma & Anr.

Delhi HC20 Jan 2025LPA/46/2025

Case brief

AI extract

What is this about?

Delhi High Court; LPA 46/2025; Arti Kapur; Sumana Verma & Anr.; Letters Patent Appeal; arbitration; Arbitration Case No. DIAC/5257/09-22; Sole Arbitrator; procedural order dated 26.10.2024; strike off defence; non-payment of arbitral fee; W.P.(C) 16203/2024; learned Single Judge order dated 25.11.2024; stay of arbitral proceedings; appeal not pressed; expeditious disposal of writ petition; rights and contentions reserved; CM APPL. 3437/2025 exemption; order dated 20.01.2025; Vibhu Bakhru ACJ; Tushar Rao Gedela.

What did the court decide?

Appeal disposed of as not pressed; learned Single Judge requested to consider W.P.(C) 16203/2024 as expeditiously as feasible; all rights and contentions of the parties reserved; exemption application CM APPL. 3437/2025 allowed subject to all just exceptions. ¶7

Arti Kapur Vs Sumana Verma & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court would accede to the appellant's request for directions ensuring expeditious disposal of W.P.(C) 16203/2024, given that the arbitral proceedings stand stayed.

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Court's answer

The Court requested the learned Single Judge to consider W.P.(C) 16203/2024 as expeditiously as feasible, in view of the stay on the arbitral proceedings.

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Ratio / Principle

Exemption under CM APPL. 3437/2025 is allowed subject to all just exceptions, and the application stands disposed of.

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Key takeaways

The present appeal (LPA 46/2025) is disposed of as not pressed.ratio¶7
All rights and contentions of the parties are reserved notwithstanding disposal of the appeal as not pressed.ratio¶8

Detailed headnote1 paragraphs

LPA 46/2025 (Arti Kapur v. Sumana Verma & Anr.), High Court of Delhi, coram: Hon'ble the Acting Chief Justice (Vibhu Bakhru, ACJ) and Hon'ble Mr. Justice Tushar Rao Gedela - Order dated 20.01.2025. The appeal impugned the learned Single Judge's order dated 25.11.2024 in W.P.(C) 16203/2024, by which further proceedings had been stayed after the respondent's writ petition challenged the Sole Arbitrator's procedural order dated 26.10.2024 in Arbitration Case No. DIAC/5257/09-22, whereby the Arbitral Tribunal had decided to strike off the respondent's defence on account of non-payment of arbitral fee. Counsel for the appellant did not press the appeal and sought directions for expeditious disposal of the writ petition. The Court disposed of the appeal as not pressed, requested the learned Single Judge to consider the petition as expeditiously as feasible, and clarified that all rights and contentions of the parties are reserved. Exemption application CM APPL. 3437/2025 was allowed subject to all just exceptions.

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$~72

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 46/2025

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ARTI KAPUR .....Appellant

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Through: Mr Murari Tiwari, Mr Rahul Kumar, Mr Akashdeep Singh and Ms Nimisha Gupta, Advocates.

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versus

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SUMANA VERMA & ANR. .....Respondents Through:

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 20.01.2025

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CM APPL. 3437/2025

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Exemption is allowed, subject to all just exceptions.

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The application stands disposed of.

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LPA 46/2025

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The appellant has filed the present appeal, inter alia, impugning an order dated 25.11.2024 passed by the learned Single Judge in W.P.(C) 16203/2024.

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The respondent had preferred the said writ petition impugning a procedural order dated 26.10.2024 passed by the Sole Arbitrator in Arbitration Case No. DIAC/5257/09-22 whereby the Arbitral Tribunal had decided to strike off the defense of the respondent on account of nonpayment of arbitral fee.

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The learned Single Judge had stayed further proceedings and listed the petition for hearing after completion of pleadings on 22.01.2025.

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This is a digitally signed order. 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 24/01/2025 at 16:44:32

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In view of the above, Mr Tiwari does not press the present appeal. He, however, requests this court that directions be issued for an expeditious disposal of the writ petition after hearing the parties as the arbitral proceedings are stayed.

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In view of the above, the present appeal is disposed of as not pressed. We request the learned Single Judge to consider the petition as expeditiously as feasible.

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It is clarified that all rights and contentions of the parties are reserved.

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VIBHU BAKHRU, ACJ

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TUSHAR RAO GEDELA, J

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JANUARY 20, 2025 RK

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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 24/01/2025 at 16:44:32

Arti Kapur v. Sumana Verma & Anr.

Case brief

What is this about?

What did the court decide?

Arti Kapur v. Sumana Verma & Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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