High CourtsSingle Bench(2018) 07 DEL CK 0482

Joginder Singh Choudhary (J.S. Choudhary) & Anr vs Sukhvir Singh Choudhary

Delhi High Court · Decided on 10 July 2018

HON’BLE JUDGES
RAJIV SHAKDHER, J
RESULT
Diposed Off
CASE NUMBER
ARB.P. 155 OF 2018, O.M.P.(I) 3 OF 2018 & I.A. No.4062, 8254 OF 2018

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Judgment

13 paragraphs · 214 words

RAJIV SHAKDHER, J

1.

After some arguments, learned counsel for both the parties submit that these matters be disposed of with the following directions:

(i) The petitioners before this Court will file a suit qua respondent No.1, who, has raised objections with regard to the existence of the Arbitration

Agreement, which is contained in the Memorandum of Oral Partition dated 4.7.2014.

(ii) The suit, if any, shall be filed by the petitioners within six weeks from the date of receipt of a copy of the order.

(iii) The interim orders dated 2.2.2018 & 22.3.2018 shall continue to operate for a period of six weeks from the date of receipt of the order to enable

the petitioners to move the appropriate Court by way of a suit action. Â

(iv) In case the suit action is not filed within the aforementioned timeframe, the interim protection granted by the orders dated 2.2.2018 and 22.3.2018

will dissolve. Â

(v) Needless to say, the parties will be at liberty to advance their contentions before the suit court and seek necessary relief. Â

2.

I may only note that both petitioner No.1 and 2 as well as respondent No.1 are present in the Court and this order is passed with their

concurrence. Â

Consequently, pending applications shall stand closed.