Back
IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Sona Educational Society - Appellant
Versus
India Bulls Housing Finance Ltd. - Respondent
O.M.P.(I) (COMM.) 132 of 2021 & I.A. 5130 of 2021
Decided On : 13-04-2021
| Table of Content |
|---|
| 1. request for injunction regarding property dispossession. (Para 1) |
| 2. dispute resolution through mutual agreement on property possession. (Para 2 , 3) |
| 3. court's binding decision on respondent's statement. (Para 4) |
| 4. dismissal of all pending applications. (Para 5) |
(Video-Conferencing)
1. The prayer clause in this petition, under Section 9 of the Arbitration and Conciliation Act, 1996, reads as under:
"In the facts and circumstances stated above the petitioner prays that this Hon'ble Court may be pleased to:
(a) Pass an order restraining the respondent from dispossessing the petitioner from the said property situated at Khasra No. 70/3/2, 8/1, 8/2, 11 Min.12/1, 12/2, 13, 14, 15, 16, 17, 18, 19,20 Min, 21/1 Min, 22/1,23/1, 24/1,71/17/2, 18, 19, 20, 21, 22, 23, 24, 25 out of land admeasuring 20.05 acres situated in the revenue estate of Village Sohna, Tehsil Sohna, District Gurgaon. Haryana-122103 otherwise than in accordance with law;
(b) Pass an order of injunction restraining the respondents from disturbing peaceful possession of the petitioner from the said property."
2. Mr. Sunil Dalal, learned Senior Counsel for the respondent, while emphatically denying all allegations contained in this petition, submits that his client would not dispossess the petitioner from the property mentioned in prayer (a) (supra), otherwise than in accordance with law. He also submits that, save in accordance with law, there would be no disturbance, by the respondent, of the possession of the petitioner in the said property.
3. Mr. Sanjoy Ghose, learned Senior Counsel for the petitioner, submits that, with this statement, the grievance in this petition stands redressed.
4. Recording the aforesaid statement of Mr. Sunil Dalal and binding the respondent thereby, this petition stands disposed of.
5. All pending applications also stand disposed of.
Parties' consent regarding property division in arbitration proceeding is binding and sufficient basis for court to dismiss interim relief petition.
Disputes arising from agreements can be adjudicated through arbitration, especially when both parties acknowledge arbitration as a viable resolution method.
The main legal point established in the judgment is that while deciding an application under Order VII Rule 11 CPC, only the averments of the plaint are to be considered, and the arguments raised by ....
The right of a co-sharer in exclusive possession of land to seek injunction against other co-sharers, and the relevance of revenue court proceedings in deciding injunction applications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
