Delhi High Court - Orders
Fiitjee Ltd vs Mrs Monika Grover on 22 November, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1048/2021
FIITJEE LTD. ..... Petitioner
Through: Mr. Mukesh Goyal, Advocate.
versus
MRS MONIKA GROVER ..... Respondent
Through: Mr. Rajesh Aggarwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 22.11.2021 CMs No. 41350/2021, 41351/2021 & 41353/2021 (all for exemption)
1. Allowed, subject to all just exceptions.
2. The applications are disposed of.
CM(M) 1048/2021& CM No. 41352/2021(for stay)
3. The present petition under Article 227 of the Constitution of India impugns the order dated 22nd September, 2021 passed by the Court of the Additional District Judge (ADJ)-01 Tis Hazari Courts, in MCA No. 11/2019, whereby the appeal filed on behalf of the petitioner against the dismissal of the application under Section 8 of the Arbitration and Conciliation Act, 1996 filed by the petitioner in respect of the counter-claim filed by the respondent, has been dismissed.
4. The counsel for the petitioner submits that the suit filed by the petitioner against the respondent is not covered by the arbitration clause in the agreement between the parties and further there are other defendants in the said suit, which are not subject to the arbitration clause. However, the Signature Not Verified Digitally Signed CM(M) 1048/2021 Page 1 of 2 By:MAMTA ARYA Signing Date:22.11.2021 18:14:46 counter-claim filed by the respondent seeking refund of fees is subject matter of the arbitration clause and therefore, the Section 8 application filed on behalf of the petitioner ought to have been allowed by the Courts below.
5. It has been put to the counsel for the petitioner whether the present petition under Article 227 of the Constitution of India against an order of dismissal of appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is maintainable or not. The counsel for the petitioner seeks time to place on record judgments in support of the maintainability of the present petition.
6. Issue notice. Notice is accepted on behalf of the counsel appearing on behalf of the respondent. Let a copy of the petition be supplied to the counsel for the respondent.
7. The counsel for the respondent is given liberty to place on record documents that are part of the Trial Court as well as judgments in support of his contentions.
8. List on 31st January, 2022.
9. Let judgments be filed by both the parties at least one week before the next date of hearing.
AMIT BANSAL, J NOVEMBER 22, 2021 Sakshi R. Signature Not Verified Digitally Signed CM(M) 1048/2021 Page 2 of 2 By:MAMTA ARYA Signing Date:22.11.2021 18:14:46