Prateek Madhan v. Mohinder Singh And Company

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 5/2025 & I.A. 17941/2025 PRATEEK MADHAN .....Petitioner Through:

Mr.

Abhimanyu Bhandari, Sr.

Advocate with Ms. Roohe Hina Dua and Mr.

Ankit Khera, Advocates.

versus MOHINDER SINGH AND COMPANY .....Respondent Through:

Mr. Pragyan Pradip Sharma, Sr.

Advocate with Mr. Jai Sahai Endlaw, Mr. Zubin John, Mr. Hardik Jain, Mr. Kushagra Goyal and Mr. Rustam Chaudhari, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 29.07.2025 I.As. 17942/2025, 17943/2025 (Exemptions) 1.

Allowed, subject to all just exceptions.

2.

Applications stand disposed of.

O.M.P. 5/2025 3.

This petition is filed on behalf of the Petitioner under Section 34 of Arbitration and Conciliation Act, 1996 challenging the interim award dated 05.07.2025 passed by the learned Sole Arbitrator, whereby Petitioner has been directed to forthwith vacate the subject premises being a plot bearing Khasra No. 1841/1-2/1843/3, Village Chhatarpur styled as Farm No. 13, South Drive, DLF Chhatarpur Farms, Mehrauli, New Delhi and hand over the vacant possession to the Respondent herein. O.M.P. 5/2025 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 01/08/2025 at 12:52:14

4.

Issue notice.

5.

Mr. Jai Sahai Endlaw, learned counsel accepts notice on behalf of the Respondent.

6.

At the outset, learned Senior Counsel appearing on behalf of the Petitioner, on instructions, submits that in order to put a quietus to the issue of possession, Petitioner is willing to vacate the subject premises and hand over the possession to the Respondent on 01.11.2025. 7.

Responding to this offer, learned Senior Counsel for the Respondent, on instructions, submits that Respondent has no objection to the proposal as long as Petitioner abides by the undertaking given to this Court and files an affidavit to this effect. Accepting the possession will, however, be without prejudice to the pending claims/counter claims before the learned Arbitrator. 8.

In light of the offer made on behalf of the Petitioner and with the consent of the parties, this petition is disposed of accepting and taking on record the undertaking given by the Petitioner that peaceful and vacant possession of subject premises will be handed over by the Petitioner to the Respondent on or before 01.11.2025. Affidavit of undertaking shall be filed in this Court within one week from today.

9.

Needless to state that all rights and contentions of the parties with respect to the pending claims/counter claims before the Arbitrator are left open.

10.

Pending application stands disposed of.

JYOTI SINGH, J JULY 29, 2025 S.Sharma O.M.P. 5/2025 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 01/08/2025 at 12:52:14