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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
Important Points
Subject
Civil Law - Arbitration
Headnote
(B) Jurisdiction - Courts can grant interim relief to maintain status quo during arbitration proceedings. (Para 1)
Facts of the case:
The petitioner sought an injunction to prevent the respondent from dispossessing them from a property in Gurgaon and from disturbing their peaceful possession. The respondent assured the court that they would not act contrary to law regarding the property.
Findings of Court:
The court acknowledged the respondent's assurance as binding and disposed of the petitioner’s motion for interim relief.
Issues: The primary issue was whether the respondent would unlawfully dispossess the petitioner and disturb their possession.
Ratio Decidendi: The court highlighted that the respondent's statement sufficed to resolve the grievance and confirmed that interim relief can maintain status quo during arbitration.
Result: Petition disposed of.
| 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) |
ORDER (Oral)
(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.
