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2021 Supreme(Del) 49

RAJIV SAHAI ENDLAW, SANJEEV NARULA
Luxe Passion Private Limited – Appellant
Versus
Freedom Roost – Respondent


Advocate Appeared:
For the Appellant :Sameer Jain, Himesh Thakur, Advocates.
For the Respondent:Tarun Rana, Advocate.

JUDGMENT :

[Via Video Conferencing]

RAJIV SAHAI ENDLAW, J.

1. This appeal, under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015, inter alia impugns the order dated 29th December, 2020 of the Commercial Court/Additional District Judge-04 (ADJ) (West), Tis Hazari Courts, Delhi, of dismissal of OMP(I)(COMM) No.195/2020 under Section 9 of the Arbitration Act preferred by the appellant seeking interim measure of restraining the respondent from accessing the premises of the appellant at A-16, 29 & 30, Mayapuri Industrial Area, Phase-I, New Delhi and of directing the respondent not to use the licenses/approvals obtained by the respondent in the name of the appellant and further, of directing the respondent to vacate the subject premises in view of termination of the lease and the agreement, on or before 31st December, 2020.

2. The appeal came up first before the Vacation Bench of this Court on 31st December, 2020, when notice thereof was ordered to be issued. The appeal thereafter was adjourned from time to time and came up last before us on 7th January, 2021, when though we heard the counsels but being of the prima facie opini

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