Delhi High Court - Orders
Shyam Kumar Shrivastava vs M/S Fiitjee Ltd & Anr on 2 March, 2020
Author: Rekha Palli
Bench: Rekha Palli
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 10/2020
SHYAM KUMAR SHRIVASTAVA ..... Petitioner
Through Mr.Kushagra Bansal, Adv.
versus
M/S FIITJEE LTD & ANR. ..... Respondent
Through None.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 02.03.2020
I.A.2910/2020 (stay)
1. This is an application filed by the petitioner seeking stay of the arbitral proceedings pending before the learned Arbitrator.
2. Learned counsel for the petitioner submits that this Court has vide its order dated 11.02.2020 already issued notice in the petition under Sections 14 & 15 of the Arbitration and Conciliation Act, 1996 (Act) seeking termination of the Arbitrator's mandate. He submits that soon thereafter, when the matter was listed before the Arbitrator, the petitioner has been granted last opportunity to tender his evidence by today. He further submits that the petitioner has already filed his affidavit by way of evidence but, in case, the petitioner is compelled to appear before the Arbitrator for his cross examination, his petition for termination of the Arbitrator's mandate is likely to become infructuous.
3. Having considered the aforesaid submission and considering Signature Not Verified DigitallySigned By:MANJU BHATT Signing Date:04.03.2020 17:29:24 the fact that the arbitration proceedings have been going on since May, 2019 and the present petition has been filed only in February, 2020, I am unable to persuade myself to accept the petitioner's prayer for stay. In any event once the petitioner has already filed his evidence before the learned Arbitrator there is no reason, as to why, he should not appear for cross examination as already directed by the Arbitrator. It is, however, made clear that the petitioner's appearance before the learned Arbitrator would be without prejudice to the rights and contentions of the parties in the pending petition under Sections 14 & 15 of the Act.
4. The application stands dismissed in the aforesaid terms.
REKHA PALLI, J MARCH 02, 2020/sr Signature Not Verified DigitallySigned By:MANJU BHATT Signing Date:04.03.2020 17:29:24