$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18^th MARCH, 2025 IN THE MATTER OF:

+ O.M.P.(I) (COMM.) 17/2023 RUDRABHISHEK ENTERPRISES LIMITED & ANR ....Petitioners Through: Mr. Joydip Bhattacharya, Ms.

Anjalika Sharma, Advocates versus SHREEMAA INFRAREALTY PRIVATE LIMITED .....Respondent Through: Ms. Nupoor Maharaj, Advocate for Respondent in CCP 17/2023 Ms. Nupoor Maharaj, Advocate for Petitioner in CCP 22/2023 CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL)

CCP(O) 17/2023 & CCP(O) 22/2023

1. CCP(O) 17/2023 has been filed by the Petitioner in O.M.P.(I) (COMM.) 17/2023 under Section 9 of the Arbitration and Conciliation Act, 1996 seeking initiation of contempt proceedings against the Respondent/Contemnor for willful breach of Order dated 24.01.2023 passed by this Court in O.M.P.(I) (COMM.) 17/2023.

2. O.M.P.(I) (COMM.) 17/2023 is a Petition filed by the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996.

3. Material on record indicates that an Engineering, Procurement, Construction and Marketing Agreement dated 25.06.2018 was entered into between the Petitioners and the Respondent whereby the Respondent was Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 17/2023 Page 1 of 12 awarded a Project for a residential Township Project “Shri Krishna Villas Project” to the Petitioners on a turnkey basis. It is stated that the Respondent has terminated the Engineering, Procurement, Construction and Marketing Agreement before completion of the Project. It is stated that the said Agreement contains an Arbitration Clause, therefore, the Petitioners has filed the instant Petition being O.M.P.(I) (COMM.) 17/2023 under Section 9 of the Arbitration and Conciliation Act, 1996 for stay on illegal termination of the said Project and for ad interim ex parte order directing the Respondent not to re-arrange/re-assign any work covered under the said Agreement to any third party.

4. On 24.01.2023, the Respondent had appeared on advance notice. Vide Order dated 24.01.2023, this Court had directed both the parties to maintain status quo.

5. The instant contempt petition being CCP(O) 17/2023 has been filed stating that the status quo order dated 24.01.2023 has been violated by the Respondent despite the status quo Order dated 24.01.2023 passed by this Court. The Respondent No.1 was continuing with the construction work at the Project site which amounted to violation of the status quo Order dated

24.01.2023 passed by this Court.

6. Notice was issued on 03.05.2023 against the Respondent/Contemnor to show cause as to why the contempt proceedings should not be initiated for willful breach/disobedience of the Orders of this Court.

7. The Contemnor/Respondent submitted an unconditional apology to the show cause notice on 16.05.2023 stating that the violation was unintentional.

8. After submitting an unconditional apology, reply to the said contempt Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 17/2023 Page 2 of 12 Petition has also been filed by the Respondent. In reply, it was stated that the Petitioners had not prayed for staying of the construction and therefore the status quo Order has to be construed in terms of the prayer made in the petition under Section 9 of the Arbitration & Conciliation Act. It was stated that construction over the property would not amount to the violation of the status quo order passed by this Court. It was further stated that before the Order dated 24.01.2023 was passed, the Contract had been assigned to a third party i.e. Shrihari Realty Private Limited through an Agreement for Construction and Marketing dated 03.01.2023 and the status quo Order would not apply to the third party i.e. Shrihari Realty Private Limited which was not a party to the proceedings under Section 9 of the Arbitration & Conciliation Act. It is stated that in view of the above, it cannot be said that there is a willful violation of the Orders passed by this Court. Paragraphs No.5, 6, 7, 8 and 9