Unnati Fortune Holdings Limited & ANR. v. Sukhmani Technologies Private Limited

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 205/2016 UNNATI FORTUNE HOLDINGS LIMITED & ANR...... Petitioners Through Mr Dhruv Mohan and Ms Apoorva Kaushik, Advocates.

versus SUKHMANI TECHNOLOGIES PRIVATE LIMITED.... Respondent Through Mr Jayant K. Mehta, Mr Saurabh D.

Karan Singh and Mr Abhijeet Srivastava, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.11.2016 1.

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.

Restrain the Respondent, its agents/representatives/successors/assigns etc.

from dispossessing the Petitioner No.2 from the Project Land i.e. bearing Plot No.7, situated at sector 07, Sector-KP V, District Gautam Buddha Nagar, Noida, Uttar Pradesh, admeasuring about 80961.56 sq. meters till the completion of the arbitration proceedings; and B.

Restrain the Respondent from transferring, alienating or in any other manner creating any third party interest(s) in the Project Land i.e. bearing Plot No.7, situated at Sector 07, Sector-KP V, District Gautam Buddha Nagar, Noida, Uttar Pradesh, admeasuring about 80961.56 sq. meters till the OMP (I) (COMM) 205/2016

completion of the arbitration proceedings"

2.

By an ad interim order dated 24.08.2016 the parties were directed to maintain status quo in respect of the property in question and the respondent was further restrained from selling, transferring, encumbering and alienating the property in question in any manner till the next date of hearing. The said order is continuing.

3.

In view of the fact that the sole arbitrator has been appointed to adjudicate the disputes between the parties, I consider it appropriate to direct that the present petition be considered as an application under Section 17 of the Act by the Arbitrator.

4.

The parties shall file the copy of the present petition along with the relevant documents with the arbitrator within a period of three days from today. The parties are also at liberty to approach the arbitrator for an urgent hearing and disposal of the application (present petition). 5.

It is clarified that the order of 24.08.2016 directing that status quo be maintained is only an ad interim order and the same would be subject to any further order(s) that may be passed by the sole arbitrator. The petition is disposed of with the aforesaid directions.

6.

Interim orders to continue.

VIBHU BAKHRU, J NOVEMBER 25, 2016 pkv OMP (I) (COMM) 205/2016