Can a party who applied for a reference under Section 8 of Arbitration and Conciliation Act, 1996, withdraw the application? | Does opposite party have legal right to oppose the withdrawal of the application? – Sultan Chand and Sons Pvt. Ltd. Vs. Kartik Sharma – Delhi High Court
Hon’ble Delhi High Court held that:
(i) The right to seek a reference to Arbitral Tribunal under Section 8 of the Arbitration and Conciliation Act, 1996 is a right available solely to the defendant.
(ii) The Apex Court has not stated that the defendant has no option to withdraw an application filed under Section 8 of the Act.
(iii) Since the Defendant herein has now withdrawn his application and does not wish to seek a reference to arbitration, the Plaintiff has no legal right to oppose the withdrawal and/or insists that the matter be referred to arbitration.