Mr. Jamal Uddin Maqsood Ahmad And ANR. v. Syed Ghuffran Hussain And ORS.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 368/2024 MR. JAMAL UDDIN MAQSOOD AHMAD AND ANR.

.....Petitioners Through:

Mr. Sushil Kumar and Utkarsh Singh, Mr. Mayank Gupta, Mr. Tauheed Arshi and Mohd. Humaid, Advocates.

versus SYED GHUFFRAN HUSSAIN AND ORS.

.....Respondents Through:

Mr. M. Sufian Siddiqui, Rakesh Bhugra, MD.Niyazuddin, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 24.10.2024 I.A. 43163/2024 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(I) (COMM.) 368/2024, I.A. 43162/2024 1.

This Petition under Section 9 of the Arbitration and Conciliation Act, 1996, has been filed with the following prayers: "a. Direct the Respondent No.1 to refrain from operating the Respondent No.2 firm till Sole Arbitrator is appointed or the final award is passed by the Ld. Sole Arbitrator, if so appointed.

b. Direct the Respondent No.1, 3 and 4 collectively or severely to cease and desist from operating Respondent No.2.

c. Direct the Respondent No.1,3 and 4 collectively or severely to not withdraw any amount from the Bank Account or Accounts associated with the Respondent 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 29/10/2024 at 12:05:29

No.2.

d. Direct the Respondent No.1,3 and 4 to not create any third-party interest or charge upon on the assets or the Trade Name of Respondent No.2.

e. Direct the Respondent No.1,3 and 4 collectively or severely to not enter into further arrangement/agreement with any other third party. f. Pass ad -interim, ex-parte order, pending the instant petition directing the Respondents to refrain from further carrying on any activities on behalf of Respondent No.2. And/or;

g. Pass any other such order as this Hon'ble Court may deem fit."

2.

It is stated by the learned Counsel for the Petitioner that a Petition, being Arbitration Petition (C) 27/2024, for appointment of Arbitrator under Section 11 of the Arbitration Act was filed before the Apex Court and the Apex Court vide Order dated 21.10.2024 has appointed Justice Asha Menon (Retd.) as a sole arbitrator to adjudicate on the disputes between the parties. 3.

In view of the above, let the present Petition be treated as an application under Section 17 of the Arbitration Act and be placed before the Sole Arbitrator for appropriate decision in accordance with law. 4.

With these directions, the present Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J OCTOBER 24, 2024 Rahul 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 29/10/2024 at 12:05:29