Delhi High Court - Orders
Rama Grand Ceremonial Llp vs Ok 94 Jv Private Limited & Anr on 11 July, 2025
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 256/2025
RAMA GRAND CEREMONIAL LLP .....Petitioner
Through: Mr. Rajshekar Rao, Sr. Adv. with Mr.
L.B. Rai Mr. Kartik, Mr. Vineesh
Tyagi, Mr. Rohit Kumar Poodar,
Advs.
versus
OK 94 JV PRIVATE LIMITED & ANR. .....Respondents
Through: Mr. Abhishek Birthray, Ms. Aiswarya
Sahu, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 11.07.2025 I.A. 16169/2025 (Exemption) Allowed, subject to all just exceptions.
The present application is disposed of.
O.M.P.(I) (COMM.) 256/2025
1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking restrain against respondent No.1 from terminating Sub-Lease Agreement dated 17.08.2021 and taking further coercive action including disconnection of electricity.
2. The facts are that respondent No. 1 was declared the successful bidder for the development of property at Noida Sector 52 Metro Station (measuring 2448 sq. metres), and a Letter of Acceptance was issued by Respondent No. 2 on 22.04.2020. Pursuant thereto, Respondent No. 1 entered into a Memorandum of Understanding (MOU) dated 30.12.2020 with one Mr. 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 14/07/2025 at 22:39:56 Amarjeet Singh, agreeing to sub-lease the said property on a back-to-back basis to him or his nominee. In furtherance of the MOU, Respondent No. 1 executed a Sub-Lease Agreement dated 17.08.2021 in favour of the petitioner. The Sub-Lease Agreement between the petitioner and the respondent contained arbitration clause being Clause No. 11 of the Sub-Lease Agreement read with Addendum dated 19.12.2024.
3. In terms of the Sub-Lease Agreement, the petitioner was required to pay quarterly lease fee. Admittedly, the petitioner is in default of some payments.
4. Mr. Rao, learned counsel for the petitioner states that the petitioner is in substantial compliance of its obligations and the dispute has arisen on account of some misunderstandings.
5. Issue notice.
6. Mr. Birthray, learned counsel accepts notice on behalf of respondent No. 1and states that as of today, more than 1 crore is due and payable by the petitioner. However, he states that in view of the arbitration clause, the dispute between the petitioner and respondents shall be referred to Arbitration.
7. Learned senior counsel for the petitioner is agreeable to the said contention.
8. For the said reasons, the following directions are issued:-
i) Mr. Alakh Kumar (Advocate) (Mob. No. 9811063763) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, 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 14/07/2025 at 22:39:56 Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC').
iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.
iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.
v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.
9. The Arbitrator shall treat the present petition as an application under section 17 of the Arbitration and Conciliation Act, 1996 and shall dispose of the same within four weeks of entering reference.
10. The Arbitrator shall enter reference after four weeks from today. During the said period, the parties will try to reconcile their disputes and shall appear before Delhi High Court Mediation and Conciliation Centre on 18.07.2025 at 4.00 pm.
11. Without prejudice to the rights and contentions of the parties, the petitioner shall pay a sum of Rs.75 lakhs to the respondent No. 1 within 2 weeks from today.
12. In the meanwhile and subject to payment of more than one crore for this quarter, the respondent No. 1 shall not take any precipitative action 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 14/07/2025 at 22:39:56 under the Sub-Lease Agreement dated 17.08.2021.
13. The petitioner shall approach DMRC with a request for restoration of electricity and the same shall be processed immediately in accordance with law.
14. The petitioner shall also have the liberty to move an application for impleading DMRC before the Arbitral Tribunal and the Arbitral Tribunal may pass appropriate orders.
15. The petition is disposed of in the aforesaid terms.
JASMEET SINGH, J JULY 11, 2025 Pr 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 14/07/2025 at 22:39:56