Disputes between landlords and tenants governed by rent control legislation are non-arbitrable and must be addressed exclusively by statutory authorities.

JUDGMENT :

HARISH VAIDYANATHAN SHANKAR, J.

1. The present petition, under Section 9 of theArbitration and Conciliation Act, 1996 [A&C Act] has been filed on behalf ofKuber Mart Global Hub Private Limited[The Petitioner] seeking interim measures, pending Arbitration. The prayer clause to the petition reads as follows:

“ln view of the above facts and circumstances of the case, it is most humbly prayed that this Hon’ble Court, may be pleased to: a. Pass an order directing tile Respondent to deposit an amount of INR 40 Crores (Indian Rupees Forty Crores Only), being the approximate value of the Leased Premises as of date;

b. Or in the alternative to prayer (a), pass an order directing the Respondent to forthwith handover the vacant and peaceful possession of the Leased Premises situated at Plot No. A-183, Prahladpura Industrial Area, Jaipur, Rajasthan, to the Petitioner;

c. Pass an order restraining the Respondent, its employees, servants, or agents from entering, occupying, or interfering with the Petitioner's possession or use of the Leased Premises;

d. Pass ex-parte ad interim reliefs in terms of prayers (a) to (c) above;

e. Pass such other and further orders as may be deemed just, fit and proper in the facts and circumstances of the case.”

BRIEF FACTS:

2. The Petitioner is the owner of an industrial property measuring approximately 10,000 square metres, situated at Plot No. A-183, Prahaladpura Industrial Area, Jaipur, Rajasthan [Leased Premises].

3. Kuber Mart Industries Private Limited [The Respondent] came into occupation of the Leased Premises pursuant to an unregistered Lease Deed dated 10.11.2023 [Agreement] executed between the Petitioner as Lessor and the Respondent as Lessee, for a stipulated term of three years commencing from 10.11.2023.

4. Under the Agreement, the Respondent was permitted to use the Leased Premises for lawful commercial and industrial purposes, at a monthly lease rent of Rs.16,00,000/-, along with the obligation to bear statutory charges, utility bills, maintenance costs, and to undertake registration of the Lease Deed.

5. Clause 14 of the Agreement conferred upon the Petitioner the right to terminate the lease, and in view of pressing financial requirements and having identified a potential buyer for the property, the Petitioner issued a Termination Notice dated 17.06.2025, calling upon the Respondent to vacate and hand over peaceful possession of the Leased Premises by 02.07.2025.

6. The Respondent, by its reply dated 20.06.2025, disputed the validity of the termination, asserting that the Agreement was irrevocable till 09.11.2026 and alleging that termination could be effected only upon breach and after issuance of a longer notice period of 30 days. The Respondent, however, continued in occupation of the Leased Premises beyond the expiry of the statutory notice period.

7. Before the expiry of the notice period and despite the existence of a jurisdiction clause conferring exclusive jurisdiction upon the courts at Delhi, the Respondent instituted a petition under Section 9 of the A&C Act before the Commercial Court at Jaipur. According to the Petitioner, the said action was in derogation of the agreed jurisdiction and amounted to forum shopping.

8. Upon the expiry of the fifteen-day notice period on 02.07.2025, according to the Petitioner, the occupation of the Leased Premises by the Respondent became unauthorised.

9. Alleging continued unlawful possession and imminent i