Punjab-Haryana High Court
Ofb Tech Private Limited vs S B Developers Limited on 23 December, 2025
FAO-CARB-54-2025 (O&M) 1
3
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
FAO-CARB-54-2025 (O&M)
Date of decision: 23.12.2025
OFB TECH PRIVATE LIMITED
....Appellant
Versus
S.B. DEVELOPERS LIMITED
...Respondent
CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA
HON'BLE MR. JUSTICE ROHIT KAPOOR
*****
Present: Mr. Rahul Srivastava, Advocate
for the appellant.
*****
ASHWANI KUMAR MISHRA, J. (Oral)
1. In the petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') by the appellant herein, the Commercial Court, Gurugram, has passed the following orders:-
"12. In these circumstances, the relief as prayed for by learned counsel for the petitioner and as sought in the present petition cannot be granted. However, since some of the demands raised by the respondent might be barred by limitation, considering the facts and circumstances of the case, the present petition is partly allowed. Respondent is restrained from disconnecting, suspending, withdrawing curtailing or otherwise interfering in the services being provided by it to the petitioner in terms of the Maintenance and Service Agreement dated 30.03.2023 if the petitioner deposits an amount of 50 lakhs out ₹ of the total demanded amount within a period of one month and thereafter continues to pay all other dues 1 of 3 ::: Downloaded on - 25-12-2025 09:54:51 ::: FAO-CARB-54-2025 (O&M) 2 as per invoices raised by the respondent regularly in terms of the agreement. The interim measures granted by this order shall remain operative subject to invoking of arbitration by the petitioner within one month from the date of order, failing which the interim measures granted above will stand vacated. After appointment of learned arbitrator/arbitral tribunal and initiation of arbitration proceedings, any of the parties to the arbitration may get this order modified by moving appropriate application before the learned arbitrator/arbitral tribunal and till then this order will remain operative subject to invocation of arbitration by the petitioner within one month from today and on depositing the specified amount mentioned above within prescribed time."
2. Learned counsel for the appellant states that the order passed by the Court below is perverse and erroneous, inasmuch as ongoing services could not have been disconnected by the respondent, and that the direction to deposit Rs.50,00,000/- was not warranted as a condition precedent for protecting the ongoing services to be extended to the appellant. It is not in dispute that the appellant is a solvent company. So far as the rights and contentions of the parties are concerned, they need to be determined by the Arbitrator in appropriate proceedings. The order passed by the Commercial Court is only an interim order, which would remain subject to the final orders to be passed in arbitration proceedings. The exercise of discretion by the Commercial Court is with an intent to balance the equities, and neither any jurisdictional error is pointed out, nor any apparent perversity is shown.
3. In such circumstances, we refuse to exercise our jurisdiction under 2 of 3 ::: Downloaded on - 25-12-2025 09:54:52 ::: FAO-CARB-54-2025 (O&M) 3 Section 37 of the Act.
4. Appeal stands dismissed accordingly.
5. It is made clear that any deposit of amount, otherwise, would remain subservient to the ultimate adjudication of the cause in arbitration proceedings.
(ASHWANI KUMAR MISHRA)
JUDGE
(ROHIT KAPOOR)
DECEMBER 23, 2025 JUDGE
mohit goyal
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
3 of 3
::: Downloaded on - 25-12-2025 09:54:52 :::