This order dismisses a civil revision petition as withdrawn by the petitioner Corporation. The withdrawal was sought due to the retrospective effect of the 2016 Amendment Act, which affected the arbitrability of capacity disputes.
Revision petition dismissed on the ground of withdrawal by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1 of 1)
[CR-169/2016]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 169/2016
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Harish Purohit.
HON'BLE MR. JUSTICE ARUN BHANSALI Order
20/01/2021
Learned counsel for the petitioner – Corporation seeks withdrawal of the revision petition in view of the amended provisions of Arbitration and Conciliation Act, 1996 (‘the Act’), which were introduced vide Amendment Act, 2016 with retrospective effect from 23.10.2015, wherein, a party – Arbitrator, now cannot be appointed Arbitrator vide Section 12(1) (a) read with Fifth Schedule of the Act.
In view of the submissions made, the revision petition is dismissed as withdrawn.
(ARUN BHANSALI),J
56-Sumit/-
1 issue framed by the court
Whether the S.B. Civil Revision Petition should be allowed upon withdrawal in view of the amended provisions of the Arbitration and Conciliation Act, 1996.
3 provisions across 3 enactments
Chief Manager, Rajasthan State Road Transport Corporation Jodhpur Depot
Executive Manager, Rajasthan State Road Transport Corporation Headquarter Jaipur
Rinku Kalal
Mahendra Singh Rathore
Ashok Kumar Khichi
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
