Mr. Rakesh Kumar Jain, J.: (Oral) - This order shall dispose of two petitions bearing COCP Nos.1037 and 1038 of 2015 as both are inter-connected. However, for the sake of convenience, the facts are extracted from COCP No.1037 of 2015.

2. The petitioner has invoked the provisions of Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the “Act of 1971”), for the alleged willful disobedience of the order passed by the Additional District Judge, Gurgaon, on 17.04.2015, on an application filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act”). The petitioner brought to the notice of the lower Court the willful disobedience of the order dated 17.04.2015 by the respondents to initiate action under Order 39 Rule 2-A of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”) but its application was dismissed on 21.04.2015 on the ground that the lower Court had no jurisdiction to entertain the contempt petition as, according to it, the remedy would lie under the provisions of the Act of 1971. As a consequence thereof, both these petitions have been filed before this Court.

3. The brief facts of the case are that the HUDA Gymkhana Club invited applications for the purpose of operating swimming pool at HUDA Gymkhana Club, Sector-4, Gurgaon, on BOT basis. The proposal submitted by the petitioner was accepted and allotment letter dated 11.03.2012 in regard to running, maintenance and operation of the swimming pool, for a period of 9 years, was granted which included the construction of a Baby Learners Pool. The annual rent was fixed @ Rs.15,00,000/- being the monthly rent @ Rs.1,25,000/-. The parties entered into an agreement on 12.03.2012 for increase of 10% in rent after every 3 years. There was no dispute between the parties till a notice of termination of agreement was issued to the petitioner on 05.03.2015 to which reply was filed by it on 11.03.2015. However, instead of burying the hatchet, the agreement was terminated vide order dated 04.04.2015, which led to the filing of a suit for permanent injunction in the Civil Court at Gurgaon in which an application was filed by the HUDA Gymkhana Club under Section 8 of the Act invoking the arbitration clause. The said suit is still pending, however, on 16.04.2015, certain officials of the respondents, taking advantage of the fact that there was no ad interim injunction by the Civil Court, reached the club premises and tried to forcibly dispossess the petitioner, which led to the filing of an application under Section 9 of the Act in which the Additional District Judge, Gurgaon, passed an interim order on 17.04.2015, which reads as under:-

“Keeping in view the said facts, this court finds that it is in the interest of justice fair play that the parties are directed to maintain status quo regarding the service provided by the petitioner till the next date of hearing. Ordered accordingly.

The observation made above shall not be construed as opinion in any manner in the final outcome of the petition to be decided after hearing both the parties.

Notice be issued to respondent for 8.5.2015.

Notice be given dasti as well.”

4. Although the order was passed on 17.04.2015 but on the same day, at about 4.30 p.m., the respondents, with large number of people, not known to the petitioner, came to the club premises to forcibly dispossess the petitioner who were confronted with the order passed by the Court on 17.04.2015, but despite that they did not desist in their adventure and forcibly ousted the petitioner and its staff from the club premises, at about 5.00 p.m. The petitioner approached the Additional District Judge, Gurgaon, for initiating contempt proceedings but the said application has been dismissed vide order dated 21.04.2015, observing that the Act is a special Act which is a complete Code in itself and though the principles for grant of injunction under Order 39 Rules 1 & 2 of