Delhi High Court - Orders
Spira Estate Llp vs Dev Bhoomi Developers And Ors on 22 November, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 400/2024
SPIRA ESTATE LLP .....Petitioner
Through: Mr. Vishwendra Verma, Ms. Bhawna
and Mr. Akshay Malik, Advocates.
versus
DEV BHOOMI DEVELOPERS AND ORS .....Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 22.11.2024 I.A. 45798/2024 (Exemption) Allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 400/2024
1. This is a petition under Section 9 of the Arbitration & Conciliation Act, 1996 with the following prayers:-
"a) to restrain the respondents jointly and severally and their agents, representatives, assignees, associates, employees, servants, legal heirs or any other person etc. from creating any third party interest in respect of the property mentioned in the collaboration agreement of the land comprising of area 66574 square meter for residential and 6936 square yard for commercial land situated at Rampur, Jwalapur, Haridwar near Bhumanand Hospital
b) To direct the respondent and their agents, representatives, assignees, associates, employees, servants, legal heirs or any other person etc. not to O.M.P.(I) (COMM.) 400/2024 Page 1 of 3 This is a digitally signed order.
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 13/12/2024 at 22:27:25 create any third party interest in the suit property comprising of area 66574 square meter for residential and 6939 square yard for commercial land situated at Rampur, Jwalapur, Haridwar near Bhumanand Hospital
c) To direct the respondents and. their agents, representatives, assignees, associates, employees, servants, legal heirs or any other person etc. not to damage the property of the petitioner in any manner stated in the petition alongwith the site office, beautification of land and other work done by the petitioner in the site mentioned herein above in para No.2
d) To, direct the respondents and their agents, representatives, assignees, associates, employees, servants, legal heirs or any other person etc. not to publish anything against the petitioner and the project in any manner or damaging the reputation of project and work done by the petitioner in the land
e) to restrain the Respondent, their, agents, employees, servants, assigns, legal heirs or any other person acting for and on behalf of the Respondent from intervening in any manner with the Property movable or immovable till the pendency of the Arbitration Proceedings, in the interest of justice;"
2. It is stated that a Collaboration Agreement dated 23.03.2023 was entered into between the parties. The Collaboration Agreement concerns with the development of land comprising at Jwalapur Khasra Nos.608, 609/2, 609/3, 609/5 and Ranipur Khasra Nos. 798, 799, 827, 828, 824.
3. It is stated that the Petitioner has invested substantial amount of money and has developed a considerable portion of the area. He states that now disputes have arisen between the parties.O.M.P.(I) (COMM.) 400/2024 Page 2 of 3
This is a digitally signed order.
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 13/12/2024 at 22:27:25
4. It is stated that Police complaints have been filed by the Respondents against the Plaintiff. It is stated that the Respondents have also given a reply to a letter dated 19.09.2024 sent by the Petitioner. The Respondents have given a reply which does give rise to a dispute and the Petitioner is apprehending that the Petitioner would be dispossessed from the property in question where they have invested substantial amount of money and have done considerable development.
5. Issue notice.
6. On taking steps, let notice be issued to the Respondents through all permissible modes, including Dasti.
7. In view of the averments made by the Petitioner, the Respondents are restrained from dispossessing the Petitioner from the area in which the Petitioner has made considerable development.
8. List on 13.01.2025.
SUBRAMONIUM PRASAD, J NOVEMBER 22, 2024 hsk O.M.P.(I) (COMM.) 400/2024 Page 3 of 3 This is a digitally signed order.
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 13/12/2024 at 22:27:25