Sarvendra Singh v. M/S Shashyamanglam Infrastructure Private Limited & ANR.

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 172/2016 SARVENDRA SINGH ..... Petitioner Through:

Petitioner in person.

versus M/S SHASHYAMANGLAM INFRASTRUCTURE PRIVATE LIMITED & ANR.

..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 09.04.2018 1.

None appears for the respondents.

2.

It is seen that Mr Mukesh Kumar Tiwari, Advocate had appeared on behalf of the respondents on 27.04.2017 and Ms Shuchismita Ojha, Advocate had appeared for the respondents on 15.09.2017 and 27.11.2017. None has appeared on behalf of the respondents thereafter. This Court does not consider it apposite to defer the proceedings awaiting representation on behalf of the respondents.

3.

The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying as under:- "(a) Direct that the Respondents shall not take any advantage of order dated 28.03.2016 as passed in I.A. Number 25602 in O.M.P. 362 of 2012 and be restrained from parting with possession, selling, alienating, transferring or creating any encumbrance, charge or third party interest in any manner whatsoever or otherwise dealing with flat Numbers 401,402,403,404,405,501,502,

503,504 and 505 on 4th and 5th Floor of Property known as Dev Shree Apartment, Dev Nagar, Khandari Bye pass, Agra (U.P.) (b) Pass ad interim exparte order in terms of prayer (a) above and confirm the same after notice to the Respondents."

4.

The petitioner states that an arbitral award dated 11.01.2016 has been entered in his favour. He further submits that since the properties in question are located in Agra, he would be filing appropriate proceedings for enforcement of the said award within that jurisdiction. 5.

It is seen that by an order dated 10.05.2016, an ad interim order was passed by this Court directing the respondents to maintain the status quo with regard to Flat Nos. 401,402,403,404,405,501,502, 503,504 and 505 on 4th and 5th Floor of Property known as Dev Shree Apartment, Dev Nagar, Khandari Bye pass, Agra (U.P.).

6.

In view of the above submission that the petitioner would move to an appropriate Court for seeking enforcement of the arbitral award, this Court considers it apposite to extend the said ad interim order for a further period of three months from today leaving it open for the petitioner to seek orders from the said Court. It is so directed.

7.

The petition is disposed of in the aforesaid terms. 8.

Order dasti.

VIBHU BAKHRU, J APRIL 09, 2018 RK