Delhi High Court - Orders
Asad Mueed & Anr vs Prof Afshar Alam & Ors on 22 August, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~108
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1275/2025 & CM APPL. 52054/2025
ASAD MUEED & ANR. .....Petitioners
Through: Mr. Rajiv Nayar, Senior Advocate
with Mr. Saket Sikri, Ms. Simran
Mehta, Mr. Vikalp Mudgal, Mr. Ajay
Pal Singh Kullar, Mr. Prakhar Khanna
and Mr. Priyansh Choudhry,
Advocates.
versus
PROF AFSHAR ALAM & ORS. .....Respondents
Through: Mr. Sanjay Sharawat, Senior
Advocate with Dr. Swaroop George,
Mr. Mobashshir Sarwar, Mr.
Abhinanadan Jain, Mr. Takrim
Ahshan Khan, Mr. Sunil Roy, Mr.
Ayush Aanand, Mr. Shivam Prajapati
and Mr. Kartikey, Advocates for R-1
and 2.
Mr. Shreyans Singhvi, Ms. Tanuja
Singh and Ms. Madhu Yadav,
Advocates for R-3 and 4.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 22.08.2025
1. This hearing has been done through hybrid mode. CM APPL. 52053/2025 (exemption)
2. Allowed, subject to all just exceptions. This application is disposed of. CONT.CAS(C) 1275/2025 & CM APPL. 52054/2025
3. The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 seeks the following prayers: -
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 26/08/2025 at 21:47:04 "a) Initiate contempt proceedings against all Respondents named/arrayed in the present petition for having wilfully disobeyed order dated 20.09.2022 passed by this Hon'ble Court in a petition under Section 9 of the Arbitration and Conciliation Act, 1996 bearing OMP (I) No. 7/2022; and order dated 12.08.2025 passed by Hon'ble Mr. Justice (Retd.) Badar Durrez Ahmed, Ld. Sole Arbitrator in the arbitral proceedings titled "Asad Mueed & Anr. Versus Hammad Ahmed & Ors.".
b) Pass any such order(s) as this Hon'ble Court may deem fit in the present facts and circumstances."
4. Learned Senior Counsel appearing on behalf of the petitioners submits that vide order dated 12.08.2025 learned sole Arbitrator disposed of an application under Section 17 of the Arbitration and Conciliation Act, 1996 by passing the following directions:-
"34. Coming to prayer (c), the Claimants/Applicants are seeking an order/direction directing Jamia Hamdard including its officers, employees, representatives and the Respondents to extend all support to the Claimants and HIMSR to be included in the counselling and admission process of :MBBS/MD courses for the academic year 2025-
26. It was contended on behalf of the Claimants that they would take steps whether before NMC or courts or any other appropriate forum seeking the grant of renewal of 150 :MBBS seats to HIMSR for the academic year 2025-26. It was submitted on behalf of the Claimants that when they do so, the Respondents and Jamia Hamdard should not oppose and, in fact, should support such attempts. It is clear that survival of HIMSR and its functioning as contemplated under the FSD is of prime importance if the FSD is to be implemented in letter and spirit.
35. Accordingly, it is directed that the Respondents and Jamia Hamdard shall extend all support to the Claimants and HIMSR in their attempts before the appropriate forum/ fora to be included in the counselling and admission process of the :MBBS (150 seats) course for the academic year 2015-26. Of course, such support by the Respondents and Jamia Hamdard has to be within the confines of law. At the same time, the Respondents and Jamia Hamdard should be careful not to set up a purported legal hurdle, when none exists, so as to deny HIMSR the said 150 MBBS seats. Jamia Hamdard, though yet not a party to the present arbitration is bound by its assurance and commitment given to the Hon'ble High Court that it will "facilitate the implementation of the 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 26/08/2025 at 21:47:04 directions given by the learned arbitrator".
37. The application is allowed to the extent indicated above"
5. It is pointed out that the aforesaid directions had been passed by keeping in view the order passed by learned Single Judge on 20.09.2022 in O.M.P.(I) 7/2022. The relevant portion of the said order has been reproduced in order dated 12.08.2025 in the following paragraph:-
"23. The relevant portions of the Hon'ble High Court's order dated 20.09.2022 are extracted below:
8. In the course of hearing, it appears that the petitioners and respondent Nos. 1 to 3 are ad idem that the FSD requires to be fully implemented in letter and spirit. There is, however, some dispute between them as to the modalities for the implementation of the settlement. As far as the respondent No. 4 is concerned, Mr. Vasdev reiterates that the University remains bound by its resolution dated 03.07.2021 and the observations of the Division Bench in the order dated 22.11.2019 and will continue to cooperate with the other parties in the implementation of the FSD.
9. Learned Senior Counsel for the parties also submit that the petitioners and respondent Nos. 1 to 3 may, at this stage, be referred to arbitration in these proceedings itself, with liberty to seek interim measures of protection from the learned arbitrator. As far as the respondent No. 4 is concerned, it is not a party to the FSD but has, as noted above, assured the Court that it would facilitate its implementation in accordance with law and subject to the regulations by which it is bound.
10. Learned Senior Counsel for the parties also submit that in accordance with this intention, and towards the immediate implementation of the FSD, to the extent that it requires HIMSR to be controlled by the :MREC through HES, certain documents are required to be executed. The documents include a No Objection Certificate and a Deed of Assurance from the University. The petitioners also seek execution of a User Agreement in terms of the FSD and the resolution passed by the University on 03.07.2021. Mr. Vasdev reiterates that all the documents required to enable HIMSR to establish itself independently of the control of HECA and under the control of the MREC will be issued by the University as required by 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 26/08/2025 at 21:47:04 the petitioners, consistent with the UGC regulations.
11. Mr. Nandrajog has raised a concern with regard to the division of funds contemplated by Clause 25 of the FSD read with Annexure V thereto, under which the corpus of the HNF was to be divided in the ratio of 75:25 to HECA and MREC respectively. He submits that this division has not been implemented. Dr. Singh vi assures the Court that this aspect of the FSD will also be implemented simultaneously on issuance of the required documents by the University in terms of the statement of Mr. Vasdev recorded hereinabove.
12. Until HIMSR remains a constituent institution of the University, Dr. Singhvi states that quarterly accounts of the HIMSR will be furnished to the University as required by the applicable regulations of the UGC.
13. In view of the aforesaid submissions of the parties, the petition is disposed of with the following directions: -
a. With the consent of learned counsel for the petitioners and the respondent Nos. 1, 2 and 3, the disputes between them under the FSD are referred to the arbitration of Hon'ble Mr. Justice Badar Durrez Ahmed, former Chief Justice of the High Court of Jammu and Kashmir [Tel:-7042205786]. At Mr. Vasdev's request, at this stage the University is not made a party to the arbitral proceedings. However, it is open to the parties to make an application before the learned arbitrator in this regard, if so advised.
b. It is expected that the parties will cooperate with each other in the spirit of the FSD and the resolution of the University. Although the University is not being referred to the arbitration at this stage, Mr. Vasdev states that the University will facilitate the implementation of the directions given by the learned arbitrator in this regard.
c. With this objective, it is further directed as follows: - i. The computation of the amounts due from the petitioners' group to respondent Nos. 1 to 3 in terms of Clause 25 of the FSD, read with Annexure V thereof, will be placed before the learned arbitrator within two weeks. The parties may seek necessary direction in this regard from the learned arbitrator, 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 26/08/2025 at 21:47:04 including for the amounts to be deposited with him m escrow. ii. Mr. Vasdev states that the documents required to be issued by the University will be issued simultaneously upon deposit of the amount contemplated by Clause 25 of the FSD read with Annexure V therein by the petitioners.
iii. The petitioners will furnish quarterly accounts as directed in paragraph 12 above. iv. Mr. Nandrajog states that the respondent Nos. 1 to 3 have not interfered, at any stage, in the independent functioning of HIMSR under the MREC. He assures the Court that they will continue to cooperate with the petitioners in maintaining the independent status of HIMSR under the MREC and will not take any steps inconsistent therein.
d. The parties may make their respective claims under the FSD before the learned arbitrator. It is made clear that the parties may also approach the learned arbitrator for further directions under Section 17 of the Act. The directions given in this order are only intended to hold the field until the learned arbitrator has the opportunity to consider the matter and pass further directions, as may be required from time to time. The parties are at liberty to seek modification, variation, or vacation of the orders passed by this Court before the learned arbitrator."
(emphasis supplied)"
6. After referring to the aforesaid order, learned Arbitrator further observed as under:-
"24. By an order dated 12.10.2022, this Tribunal continued the interim directions passed by the Hon'ble High Court in its said order dated 20.09.2022. The same are still operating.
25. From the said order dated 20.09.2022, it is evident that the parties herein are committed to the full implementation of the FSD in letter and spirit. Jamia Hamdard (which was Respondent No.4 before the Hon'ble High Court) also confirmed before the Hon'ble High Court that it remains bound by its resolution dated 03.07.2021 and would continue to cooperate with the Claimants and Respondents herein in the implementation of the FSD. It is also recorded in the said order dated 20.09.2022 that although Jamia Hamdard is not a party to the FSD it has assured the Court that it would facilitate its implementation in 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 26/08/2025 at 21:47:04 accordance with law and subject to the regulations by which it is bound. It is further pertinent to note that at the request of the learned senior counsel for Jamia Hamdard, it was not made a party to the arbitral proceedings at that stage. However, liberty was granted to the parties to make an application for impleadment of Jamia Hamdard in the arbitration proceedings. The Claimants have filed such an application in which Jamia Hamdard is proposed to be added as Respondent No.4. That application is being heard by the Tribunal. Irrespective of whether Jamia Hamdard is added as a party to the present arbitration or not, assurance was given to the Hon'ble High Court by the learned senior counsel for Jamia Hamdard that "the University will facilitate the implementation of the directions given by the learned arbitrator in this regard"."
7. Attention of this Court has been drawn to writ petition filed on behalf of the Jamia Hamdard (deemed to be university) on 19.08.2025 with the following prayers:-
"A. Issue an appropriate writ, order or direction in the nature of Prohibition directing the National Medical Commission/Respondent No. 1 not to entertain any appeal or representation or review with regard to the order dated 23.07.2025 deciding not to grant renewal of 150 UG (MBBS) seats to HIMSR for the academic year 2025-2026 passed by the National Medical Commission/Respondent No. 1 unless such appeal/ representation or review is made by J amia Hamdard (Deemed to be University);
B. Issue an appropriate writ, order or direction in the nature of Prohibition directing the National Medical Commission/Respondent No. 1 not to adjudicate or entertain appeal dated 31.07.2025 filed by the suspended employee i.e., Respondent no. 2 against the order dated 23.07.2025 passed by the National Medical Commission/Respondent no. 1;
C. Issue an appropriate writ, order or direction in the nature of Declaration declaring that any appeal on behalf of HIMSR to the NMC can only be made by Jamia Hamdard (Deemed to be University) in light of the unitary nature of the deemed to be university; D. Pass any other order(s) as deemed fit in the facts and circumstances of the case."
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 26/08/2025 at 21:47:04
8. It is the submission on behalf of learned Senior Counsel appearing on behalf of the petitioner that the aforesaid petition is in teeth of the directions passed by learned Sole Arbitrator.
9. Learned Senior Counsel appearing on behalf of the respondents on advance notice submits that on a previous occasion the contempt petition had been preferred by the present petitioner and vide order dated 16.12.2022 learned Single Judge in CONT. CAS(C) 1379/2022 passed the following order:-
"7. I have heard the learned senior counsel, perused the paper book and considered the relevant provisions of the relevant provisions of the Act of 1996. The Petitioner has filed three Section 17 applications before the Ld. Sole Arbitrator, namely on, 015 October, 2022, 22d October, 2022 and 2nd December, 2022 and the same are pending consideration before the Ld. Sole Arbitrator. In my considered opinion, as the entire conspectus of facts is before the Ld. Sole Arbitrator who is seized of the disputes in their entirety, it will only be appropriate that in the first instance the Ld. Sole Arbitrator should decide as to whether there has been any violation of the orders passed in the arbitral proceedings. The ramifications and consequences of the resolutions dated 31s October, 2022 and dated 05t December, 2022 on the Petitioner's claims in the arbitral proceedings should also, in the first instance be examined and opined upon by the Ld. Sole Arbitrator. Further proceedings before this Court shall be subject to the representation, if any, made in terms of Section 27 (5) of the Act of 1996 by the Ld. Sole Arbitrator. The Petitioner may, if so advised, approach the Ld. Sole Arbitrator in terms of the observations made above."
10. It is pointed out that the application under Section 27(5) of the Arbitration and Conciliation Act, 1996 is still pending before the learned Arbitrator. It is further pointed out that an appeal has also been filed by Jamia Hamdard (deemed to be university) before the learned Single Judge. Although, there is no stay with respect to the order dated 12.08.2025.
11. Learned Senior Counsel for the respondent further submits that availing 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 26/08/2025 at 21:47:04 of a remedy under law cannot be a willful disobedience of directions passed by the Learned Sole Arbitrator
12. So far as the order passed in the previous contempt petition is concerned it is noticed that at that stage the Section 17 application was pending before the learned sole Arbitrator. However, today the directions have been passed by disposing of Section 17 application and therefore, no proceedings are pending qua the present cause of action before the learned sole arbitrator.
13. The matter requires consideration.
14. Let response including any preliminary objections to the present petition be filed on behalf of the respondents before the next date of hearing, with an advance copy to the learned counsel for the petitioners.
15. List on 13.11.2025.
AMIT SHARMA, J AUGUST 22, 2025/sn 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 26/08/2025 at 21:47:04