M/S Kanchenjunga Commercial Ltd & ANR. v. M/S Ansal Properties And Infrastructure Limited & ANR.

$~J-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: 29.10.2024 + O.M.P.(I) (COMM.) 16/2022 & I.A No. 8606/2023 M/S KANCHENJUNGA COMMERCIAL LTD. & ANR.

.... Petitioners Through:

Mr. Harsh Sethi, Mr. Anant Nigam and Mr. Raghav Luthra, Advs.

versus M/S ANSAL PROPERTIES AND INFRASTRUCTURE LIMITED & ANR.

.... Respondents Through:

Mr. Sachin Midha, Mr. Aditya and Mr. Vikram Bajpai, Advs. for R-1 and 2.

Mr. Aditya Kumar, Mr. Angad Gautam and Mr. Parv Verma, Advs.

for R-3/RSD Finance.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

1.

The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (the 'A&C Act') has been filed by petitioners seeking certain interim measures of protection.

2.

The disputes which are subject matter of the present petition has already been referred to arbitration vide order dated 26.06.2022 passed in ARB.P. No. 716/2022.

3.

It is noted that the learned sole arbitrator appointed vide the aforesaid order dated 26.06.2022 is also seized of an application seeking impleadment O.M.P.(I) (COMM.) 16/2022 By:KAMLA RAWAT 17:03:02

of RSD Finance Ltd. (respondent no.3 herein), who is a non-signatory to the Collaboration Agreement dated 14.10.2010, which contains the arbitration clause that has been invoked.

4.

Accordingly, the present petition is directed to be treated as an application under Section 17 of the A&C Act to be decided by learned sole arbitrator, in accordance with law. Needless to say, the decision of the learned sole arbitrator as to whether any interim order is warranted against the non-signatory party/respondent no. 3, is contingent upon the outcome of the application for impleadement of the said respondent. 5.

The subsisting interim order/s shall continue to operate subject to further order(s) of the learned sole arbitrator. 6.

The present petition stands disposed of in the above terms. Pending application also stands disposed of.

SACHIN DATTA, J OCTOBER 29, 2024/hg O.M.P.(I) (COMM.) 16/2022 By:KAMLA RAWAT 17:03:02