M/S Rephcons Estates & Developers Pvt Ltd v. M/S Paradise Valley Infrastructure Pvt Ltd

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. 560/2012 M/S REPHCONS ESTATES & DEVELOPERS PVT LTD ..... Petitioner Through:

Ms Kaadambri Singh Puri and Ms Titasha Banerjee, Advocates.

versus M/S PARADISE VALLEY INFRASTRUCTURE PVT LTD ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.02.2017 1.

The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, praying as under:- "(i) restrain the Respondents, their agents employee and all those claiming through them from creating any Third Party rights and/or parting with possession in respect of said Lands being 232 bighas of lands (1 bigha equivalent to 752 sq. ft.) having 450 ft. frontage on Chandigarh-Shimla Highway and Mauja Dhiari Ghat Pargana Vagudi Kalan, Tehsil Kandaghat, District Solan Himachal Pradesh."

2.

The learned counsel for the petitioner submits that the petitioner's application under Section 11 of the Arbitration and Conciliation Act, 1996 was allowed and it was directed that the arbitration shall be conducted under the Rules of Delhi International Arbitration and Conciliation Centre (DIAC).

She further states that the DIAC has issued the necessary notices. The learned counsel for the petitioner has also drawn the attention of this court to the order dated 17.07.2015 whereby this Court had recorded that the service on the respondent is taken as complete and the respondent was proceeded ex parte. This court had further directed the respondent to maintain status quo with respect to all the properties as mentioned in the prayer clause. 3.

In view of the above, the order dated 17.07.2015 is made absolute till the disposal of the arbitration proceedings.

4.

The petition is disposed of.

VIBHU BAKHRU, J FEBRUARY 06, 2017 MK