The petitioner, BHIEL, filed a writ petition regarding a legal matter involving arbitrators. Counsel realized a related petition under Section 34 of the Arbitration and Conciliation Act was already filed. The court dismissed the writ petition as not pressed with the liberty sought.
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[2024:RJ-JP:36913]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6221/2024
Bharat Heavy Electricals Limited, Through Additional General Manager (Purchase) And Authorized Officer, Bhel, Pswr, Nagpur Address - Power Sector - Western Region, Shreemohini Complex, 345 Kingsway Nagpur - 440001.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Vikas Soni For Respondent(s) :
HON'BLE MR. JUSTICE AVNEESH JHINGAN
Order
03/09/2024
Learned counsel for the petitioner after arguing at some length realising that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) has already been filed, since the award was passed during pendency of the petition, is not pressing the petition with liberty to raise all the issues raised in the petition filed under Section 34 of the Act.
The petition is dismissed as not pressed with liberty as prayed for.
(AVNEESH JHINGAN),J
Monika/34
1 issue framed by the court
Whether the writ petition pressing for relief under Section 34 of the Arbitration and Conciliation Act, 1996 should be allowed when it is not actively pressed with liberty to raise issues pending in a
1 provisions across 1 enactments
Bharat Heavy Electricals Limited, Through Additional General Manager (Purchase) And Authorized Officer, Bhel, Pswr, Nagpur
M/s Ensol Multiclean Equipments Pvt. Limited
Rajasthan Micro And Small Enterprises Facilitation Council, Jaipur Division (Third)
Avneesh Jhingan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
