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2025 DAILYLAW 37456 (HP)

SOUTH EAST ASIAN STUDY FOUNDATION TRUST AND ANOTHER v. VOCATIONAL EDUCATION FOUNDATION TRUST AND ORS

ARB.C/347/2025 · 2025-11-28

Gurmeet Singh Sandhawalia

body2025

Judgment text

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2025:HHC:40796 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Arbitration C. No. 347 of 2025 Date of decision: 28.11.2025 South East Asian Study Foundation Trust …Petitioner Versus Vocational Education Foundation Trust & Ors. …Respondents Coram The Hon’ble Mr. Justice G. S. Sandhawalia, Chief Justice. Whether approved for reporting? For the Petitioner : Mr. Neeraj Gupta, Senior Advocate with Mr. Shivank Singh Panta, Advocate. For the Respondents: Ms. Shradha Karol, Advocate, for respondent No. 1. G. S. Sandhawalia , Chief Justice (Oral) OMP No. 1420 of 2025 The present application has been filed for withdrawal of the petition with liberty to agitate the claim petition in accordance with law. 2. The main case has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, for seeking appointment of an Arbitrator. The ground as such for withdrawal mentioned in the application is that the CARBA No. 9 of 2025 had been dismissed on 31.10.2025 and it is submitted that the jurisdiction of this Court for initiating a proceeding under Section 9 of the Arbitration and Conciliation Act has been held not to be available with this Court as the parties had agreed to the terms 2 2025:HHC:40796 of the agreement made inter se, including the memo of understanding, that the Courts at Delhi would have jurisdiction. 3. In such circumstances, counsel for the petitioner does not wish to press the present petition. Accordingly, the application is allowed and the petition is dismissed as withdrawn, with liberty as aforesaid, alongwith pending applications, if any. (G. S. Sandhawalia) Chief Justice 28th November, 2025 (sanjeev)