The Court emphasized the need for interim measures under the Arbitration and Conciliation Act to protect the petitioners’ rights during arbitration proceedings.

O R D E R

% 04.08.2025

1. The instant petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as „AC Act‟) seeking the following reliefs:

“1. Secure the amount in dispute by directing the Respondent U/s 9 (l)(ii)(b) of the Arbitration and Conciliation Act, 1996 , to deposit in the form of a Bank Guarantee/ Fixed Deposit the outstanding amount, as on the date of Termination, payable by the Respondent to the Petitioner no.l & 2 i.e. Rs.1,03,26,883/- (Rupees One Crore Three lakhs Twenty Six Thousand Eight Hundred and Eighty Three only) alongwith interest @18% P.A. before the Registrar of this Hon‟ble Court;

ii. Direct the Respondent U/s 9 (l)(ii)(b) of the Arbitration and Conciliation Act, 1996 , to deposit in the form of a Bank Guarantee/ Fixed Deposit with the Registrar of this Hon‟ble Court a sum equivalent to 5 times the applicable daily License Fee, per day for the number of days of such illegal occupation since 22.03.2024 (i.e. post 15 days from the date of Termination of the Leave and License Agreement dated 25.08.2021) till the institution of the present Petition (1st May 2025) i.e. an amount of Rs.3,04,27,650/- (Rs.15,026/- x 5 x 405 days) and continue to pay such amount until the date of removal of the goods/ stocks of the Respondent from the said premises and delivery of vacant actual peaceful handover of the said premises to the Petitioners in accordance with Clause 12.5.2 of the Leave and License Agreement dated 25.08.2021 with a view to secure the aforementioned sum in dispute in Arbitration;

iii. Direct the Respondent to remove the goods/ stocks lying at the premises in question within such time as may be directed by this Hon‟ble Court failing which a receiver U/s 9 (l)(ii)(d) of the Arbitration and Conciliation Act, 1996 , may be appointed to take the custody of the goods/ stocks of the Respondent lying abandoned at the Premises of the Petitioners during the pendency of the Arbitration proceedings to preserve the same.

Or in the alternative;

Direct the Respondent U/s 9 (l)(ii)(b) of the Arbitration and Conciliation Act, 1996 , to deposit the Monthly License Fees of Rs.4,50,800/- in the fonn of a Bank Guarantee/ Fixed Deposit with the registrar of this Hon‟ble Court with a view to secure the amount payable by the Respondent to the Petitioner No.l since 07.03.2024 (date of termination of the Leave and License Agreement dated 25.08.2021) till the institution of the present Petition and until the date of removal of the goods/ stocks of the Respondent lying abandoned at the Premises of the Petitioners and delivery of vacant actual peaceful handover of the said premises to the Petitioners by the Respondent with a view to secure the aforementioned sum in dispute in Arbitration.

IV. Pass an ad-interim and ex-parte directions/ protection U/s 9 (l)(ii)(e) of the Arbitration and Conciliation Act, 1996 , in favour of the Petitioners and against the Respondent in terms of the above mentioned prayers.”

2. This matter was first listed before the Court on 29.05.2025 and the Court directed for issuance of notice, returnable by 25.07.2025. When the matter was called out on 25.07.2025, the Court found that notice was duly served on the respondent through e-mail.

3. However, as a measure of abundant caution, the Court directed the service of notice on the respondent through the counsel who had sent the legal notice dated 23.04.2025 on behalf of the respondent. The legal notice was also received by the petitioners through the same counsel on which the notice was duly served. The order dated 25.07.2025 is extracted as under:

“1. Mr. Jeevesh Nagrath, learned senior counsel for the petitioners submits that the notice has already been sent t