Abw Tower Condominium Association v. Emcipi Electronics Pvt. Ltd. & ORS.

$~1 * IN THEHIGH COURTOF DELHIAT NEW DELHI + ARB.A. 2/2019 & I.A. 14656/2019, I.A. 40874/2024 ABW TOWER CONDOMINIUM ASSOCIATION.....Appellant Through:

Mr. Rahul Malhotra and Mr. Jitender Gupta, Advocates versus EMCIPI ELECTRONICS PVT. LTD. & ORS.

.....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 28.07.2025 1.

This is an appeal filed under Section 37(2) of the Arbitration and Conciliation Act, 1996 against the interim order passed by the Sole Arbitrator on 20th September, 2019.

2.

By way of the impugned order, the Arbitral Tribunal appointed a Receiver in respect of the property, Tower-A also known as ABW Tower, IFFCO Chowk, Gurugram. The grievance of the petitioner is that it is a Registered Society comprising of the owners/occupants of ABW Tower and the aforesaid order was passed in the absence of the petitioner and the petitioner was not made party in the arbitration proceedings. 3.

The aforesaid order was stayed on the first date of hearing in the present appeal vide order dated 21st October, 2019. 4.

Counsel for the petitioner submits that the respondent no.2 herein which was the respondent in the arbitration proceedings went into liquidation and therefore, the arbitration proceedings did not proceed further. The ARB.A. 2/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:19:37

respondent no.1 has already been proceeded against ex parte in the present proceedings vide order dated 25th April, 2025, passed by the Predecessor Bench.

5.

In view of the fact that the matter has been pending before this Court since 2019 and the arbitration proceedings have also not proceeded further, this Court is inclined to dispose of the present petition while confirming the interim order passed this Court on 21st October, 2019. 6.

If at all the aforesaid arbitration proceedings are revived, liberty is given to approach this Court.

7.

Accordingly, the petition stands disposed of. AMIT BANSAL, J JULY 28, 2025 ds ARB.A. 2/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:19:37