Delhi High Court - Orders
Samarth Gupta & Anr vs M/S Omaxe Limited on 10 May, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~2(2022)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 70/2022 & IA 7276/2022
SAMARTH GUPTA & ANR. ..... Petitioners
Through: Mr Varun Kathuria, Advocate.
versus
M/S OMAXE LIMITED ..... Respondent
Through: Mr Mukti Bodh, Ms Neha Chaturvedi,
Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 10.05.2022
1. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') praying that an arbitrator be appointed to adjudicate the disputes between the parties.
2. The respondent does not dispute the existence of an Arbitration Agreement but opposes the present petition on the ground that the petitioners are foreign nationals. The arbitration between the parties would fall within the definition of an 'International Commercial Arbitration' and in view of the same, this Court does not have jurisdiction to entertain an application under Section 11 of the A&C Act.
3. In view of the above, the learned counsel appearing for the petitioners seeks to withdraw the present petition with liberty to approach the Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:11.05.2022 appropriate forum.
4. The petition is dismissed as withdrawn.
VIBHU BAKHRU, J MAY 10, 2022 pkv Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:11.05.2022