Delhi High Court - Orders
Asha Vaid vs Veena Malhotra & Ors on 21 December, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 82/2023
ASHA VAID ..... Petitioner
Through: Mr.Bhuvan Gugnani & Mr.Rupender
Sharma, Advs.
versus
VEENA MALHOTRA & ORS. ..... Respondent
Through: Mr.S.N.Chandhri with Mr.Anil
Kr.Sharma, Advs for R-1 & 2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 21.12.2023
1. The present petition under Section 9 of the Arbitration and Conciliation Act was filed seeking an interim order restraining the respondents from disposing of or creating third party interest in the property bearing No. C-202, Naraina Industrial Area, Phase I, New Delhi owned by the partnership firm 'M/s Romesh Industries'.
2. On the last date, learned counsel for the parties were granted time to obtain instructions as to whether taking into account that interim orders directing the parties to maintain status quo qua the aforesaid property were continuing since 16.03.2023, the petition could be disposed of by appointing a sole arbitrator.
3. Today, learned counsel for the respondents submits that he has no objection to the appointment of a sole arbitrator for adjudication of 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 23/12/2023 at 02:34:06 disputes between the petitioner and the respondent nos.1 & 2. Learned counsel for the petitioner is also agreeable to the said suggestion. He however prays that the interim order passed by this Court on 16.03.2023 be directed to continue till the petitioner's application under Section 17 of Act is taken up for consideration.
4. In the light of the aforesaid stand taken by the parties, the petition deserves to be allowed. The same is accordingly allowed by appointing with the consent of the parties, Justice G. Rohini, former Chief Justice of this Court, [Mobile No. 8527027027] as the sole Arbitrator for adjudication of disputes between the petitioner and the respondent nos.1 & 2, which have arisen in the context of partnership cum retirement deed dated 12.12.2012. The fees of the learned Arbitrator will be governed by Schedule IV of the Act. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.
5. As prayed for, the petitioner is granted liberty to move an appropriate application under Section 17 of the Act for seeking interim reliefs before the learned Arbitrator within four weeks. It is further directed that till the learned Arbitrator takes up the petitioner's application under Section 17 of the Act for consideration, the interim order dated 16.03.2023 will govern the parties i.e., the petitioner and the respondent nos.1 & 2, who will maintain status quo qua the assets of the partnership firm, whereafter the parties will be governed by any order as may be passed by the learned Arbitrator.
6. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for 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 23/12/2023 at 02:34:06 parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.
7. A copy of this order be forwarded to the learned Arbitrator for information.
REKHA PALLI, J DECEMBER 21, 2023 sr 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 23/12/2023 at 02:34:06