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SANJEEV NARULA
Narangs International Hotels Private Limited – Appellant
Versus
Delhi International Airport Limited – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral). - The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'] has been filed by the Lessee - Narangs International Hotels Pvt. Ltd. [hereinafter referred to as "NIHPL"], seeking urgent interim relief against the Lessor - Delhi International Airport Limited [hereinafter referred to as 'DIAL'], being aggrieved by DIAL's email dated 02nd July 2021 asking NIHPL to initiate steps for vacation of DIAL's premises in view of the expiry of lease on 31st August 2021.
2. NIHPL seeks the following urgent reliefs:
"[A] Direct that pending the adjudication of the arbitration proceedings between the Parties status quo as on date be maintained by the Parties regarding the flight catering operations of the Petitioner;
[B] Restrain the Respondent from taking any coercive steps to impede the flight catering operations of the Petitioner, including discontinuing issuance of necessary permits/ passes to its personnel/vehicles for entry to the Airport premises, or taking any steps to oust it from the leased land;
[C] Pass ad-interim exparte orders in terms of the above prayers. "
3. The facts leading to the filing
The court determined that the contract was determinable and could not be specifically enforced, and that NIHPL did not establish a prima facie case for grant of interim relief.
The relief sought under Section 9 of the Arbitration Act must be in the nature of interim measures to protect the subject matter of the arbitration and cannot extend to permanent injunctions.
The main legal point established is that Section 9 proceedings are for grant/non-grant of interim measures, not for adjudicating disputed facts, and the principles of granting interim measures should....
An Arbitral Tribunal under the Arbitration and Conciliation Act cannot grant interim orders that effectively render final decisions on substantive claims, as this exceeds its jurisdiction.
Arbitration clauses may survive contract expiration if parties show conduct indicative of ongoing agreement; proper prerequisites for injunction must be adhered to for issuing orders under the Arbitr....
The court emphasized the importance of considering relevant evidence and court orders in arbitration proceedings and held that a decision based on irrelevant or unproven evidence can be considered pe....
Point of law: Existence of an arbitration clause cannot be a ground for non maintainability of a writ petition under Article 226 of the Constitution of India. But it is the discretion of the High Cou....
The determination of the Lease Agreement's nature and the establishment of a prima facie case for restraining the respondent from acting on the Termination Notice were central legal points in the jud....
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