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* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 12.01.2026 Judgment pronounced on: 28.01.2026 + ARB.P. 1880/2025 DHARAMPAL SATYAPAL LIMITED .....Petitioner Through: Mr. Saket Sikri, Mr. Nikhil Kohli, Mr. Ishan Gaur, Mr. Sameer Rohatgi, Mr. Kushank Garg, Mr. Akshaya Ganpath and Ms. Saumya Tiwari, Advocates.

versus NICHE BUILDERS AND CONTRACTORS PRIVATE LIMITED .....Respondent Through: Mr. Arvind Nayar, Senior Advocate along with Ms. Neeha Nagpal, Mr. Malak Bhatt and Mr. Nikunj Mahajan, Advocates.

+ O.M.P.(I) (COMM.) 383/2025 & I.A. 612/2026 (Seeking vacation of stay)

DHARAMPAL SATYAPAL LIMITED .....Petitioner Through: Mr. Saket Sikri, Mr. Nikhil Kohli, Mr. Ishan Gaur, Mr. Sameer Rohatgi, Mr. Kushank Garg, Mr. Akshaya Ganpath and Ms. Saumya Tiwari, Advocates.

versus NICHE BUILDERS AND CONTRACTORS PVT LTD .....Respondent Through: Mr. Arvind Nayar, Senior Advocate along with Ms. Neeha Nagpal, Mr. Malak Bhatt and Mr. Nikunj Mahajan, Advocates. CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

J U D G M E N T

HARISH VAIDYANATHAN SHANKAR, J.

1. The Petition, being ARB.P. 1880/2025, Section 11 Petition, has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, Act seeking the appointment of an arbitrator to adjudicate the disputes that have arisen inter se the parties, arising out of the Agreement to Sell dated 07.12.2019, ATS

2. The Petition, being O.M.P.(I) (COMM.) 383/2025, Section 9 Petition, has been filed under Section 9 of the Act seeking the following reliefs:-

“(i) Restrain the Respondent, its representatives, attorneys, heirs, executors, administrators, successors and permitted assigns etc. from directly or indirectly, selling, transferring, alienating or creating any third party rights in any manner whatsoever with respect to the commercial property consisting of Amalgamated Units No. 4 & 5, admeasuring 2022 sq. ft. (built-up area) on the Ground Floor, A-Wing of Gundecha Heights, situated at L.B.S Marg, Kanjur Marg (West), Mumbai-400078, which is a subject matter of the Agreement to Sell dated 07.12.2019;

(ii) Direct the Respondent, its representatives, attorneys, heirs, executors, administrators, successors and permitted assigns, to jointly and severally maintain status quo as to the possession and title of the commercial property consisting of Amalgamated Units No. 4 & 5, admeasuring 2022 sq. ft. (built-up area) on the Ground Floor, A-Wing of Gundecha Heights, situated at L.B.S Marg, Kanjur Marg (West), Mumbai-400078, during the pendency of the proposed Arbitration proceedings;

(iii) Pass ex parte ad interim orders in terms of prayers (i) to (ii)

above;

(iv) Pass any such other or further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

3. With the consent of the parties, both matters were taken up for hearing together and accordingly shall be disposed of by way of this common Judgement.

4. Further, for the sake of clarity, convenience and brevity, unless otherwise mentioned, the Petitioner in both the Petitions, being „Dharampal Satyapal Limited‟, shall be hereinafter referred to as “Petitioner” and the Respondent in both the Petitions, being „Niche Builders And Contractors Pvt Ltd‟, shall be hereinafter referred to as “Respondent”

5. Shorn of unnecessary details, the facts germane to the institution of and as stated in the present Petitions are as follows:-

i. The parties herein entered into an ATS for the commercial property consisting of Amalgamated Unit Nos. 4 and 5, admeasuring 2022 sq. ft. (built-up area) on the Ground Floor, A-Wing of Gundecha Heights, situated at L.B.S Marg, Kanjur Marg (West), Mumbai - 40008, bearing CTS No. 607B/1/A of Village Kanjur, Demised Property ii. It is stated in the Petitions that by way of the ATS, the Respondent agreed to sell, convey, transfer and assign the Demised Property to the Petitioner, free from all encumbrances, along with the ownership rights, for a total consideration of Rs. 8,00,00,000/-