Neutral Citation No. - 2025:AHC:96630-DB
Court No. - 10 Case :- WRIT - C No. - 19660 of 2025
Petitioner :- Sh. Ram Assre Singh
Respondent :- Mohammad Imran And Another
Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh,Tejas Singh
Hon'ble Siddhartha Varma,J. Hon'ble Harvir Singh,J.
1. When the appointment of the Arbitrator was challenged and Arbitrator had continued with the arbitration, a writ petition, being Writ-C No. 1391 of 2025 (Sh. Ram Assre Singh Versus Mohammad Imran and another) was filed by the petitioner, and an order was also passed on 6.5.2025. Simultaneously, petitioner had also moved an application before the Commercial Court under Section 14 of Arbitration and Conciliation Act, 1996, being Arbitration Misc. Case No. 23 of 2025; Ram Assare Singh Versus Immran.
2. The case which was filed under Section 14 of Arbitration and Conciliation Act, 1996 for termination of the Arbitrator while was pending, an application for impounding of the buliders' agreement under Section-33 of the Indian Stamps Act was also filed. This application was rejected by the order of the Arbitrator 8.3.2025.
3. Thereafter to the chagrin of the petitioner, an order had been passed by the Arbitrator on 26.5.2025 for proceeding ex parte.
4. Learned counsel for the petitioner prayed that till such time the proceeding before Commercial Court was finalized the proceedings before the Arbitrator be stayed by this Court.
5. We find that an application has already been filed before the Commercial Court for the termination of the Arbitrator. We are, thus, of the view that the case before the Commercial Court itself be decided within the next one month after putting the relevant parties to notice.
6. If any application for interim relief is filed, the same be considered within two weeks.
7. Since we have expedited the case before the Commercial Court, we are of the view that for a period of one month or till
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the order is passed on the interim relief application, whichever is earlier, no final award be passed by the Arbitrator.
8. With the above observations, this writ petition is disposed of finally.
Order Date :- 13.6.2025
HR
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