Citation : 2020 Latest Caselaw 2173 Del
Judgement Date : 15 July, 2020
#2
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 15.07.2020
FAO(OS) (COMM) 78/2020 & CM APPL. No.14534/2020 (for
interim direction)
AAKASH EDUCATIONAL SERVICES LTD .....Appellant
versus
SAHIB SITAL SINGH BAJWA & ANR. ......Respondents
Advocates who appeared in this case:
For the Appellant : Mr. Anunaya Mehta, Mr. Akshaydeep
Singhal and Mr. Sanjay Garg, Advocates
For the Respondents : Ms. Shantha Devi Raman, Advocate
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)
1. The present appeal has been taken up for hearing through video
conferencing on account of COVID-19 pandemic.
2. The present appeal under the provisions of Section 37(1) of the
Arbitration and Conciliation Act, 1996 (hereinafter referred to as the
'said Act'), instituted on behalf of the Aakash Educational Services
Ltd., the appellant, assails the order dated 29.06.2020 rendered by the
Commercial Division of this Court in OMP (I) (COMM) No.121/2020
titled as 'Aakash Educational Services Ltd. vs. Sahib Sital Singh
Bajwa & Ors.'.
3. We have heard learned counsel appearing on behalf of the
parties at length and perused the impugned order dated 29.06.2020.
4. Learned counsel appearing on behalf of the parties state in
unison that in view of the circumstance that the learned Single Judge
by way of impugned order dated 29.06.2020 appointed Mr. Sudhanshu
Batra, learned Senior Advocate as a sole Arbitrator to adjudicate the
disputes between the parties, the present appeal may be disposed of
with a direction to the learned Arbitrator to proceed further with the
arbitration proceedings including determination of interim
applications, as may be instituted on behalf of the parties under
Section 17 of the said Act, expeditiously, without being influenced in
any manner by the observations made by the learned Single Judge in
the impugned order dated 29.06.2020.
5. Directed accordingly.
6. It is hoped and expected that Mr. Sudhanshu Batra, learned
Senior Advocate, the sole Arbitrator, shall determine the disputes
between the parties including the application for interim directions, as
may be filed under Section 17 of the said Act, in accordance with law,
expeditiously and without granting unwarranted adjournments to the
parties.
7. No further directions are called for.
8. With the above directions, the present appeal is disposed of
accordingly. The pending application also stands disposed of.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE)
JULY 15, 2020 as
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