Delhi High Court - Orders
Cp Storage Studio Llp vs 91 Springboard Business Hub Pvt. Ltd on 30 May, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 180/2024 & I.A. 31064/2024
CP STORAGE STUDIO LLP. .... Petitioner
Through: Mr. Rajshekhar Rao, Senior
Advocate with Mr. Abhishek Garg,
Mr. Rajat Mittal, Mr. Yash Gaiha,
Mr. Ranesh S. Mankotia, Mr.
Harshil Wason, Advocates.
versus
91 SPRINGBOARD BUSINESS HUB PVT. LTD...... Respondent
Through: Mr. Ashish Dholakia, Mr. Varun
Garg, Mr. Harsh Pandya,
Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 30.05.2024
1. This petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 ["the Act"], in anticipation of arbitration proceedings under a Sub-Lease Deed dated 05.12.2018 between the parties.
2. Learned Senior Counsel on both sides state that the parties have claims and counter claims against each other, and also seek interim measures of protection against each other. They submit that an arbitrator may be appointed in these proceedings itself, to adjudicate the claims and counter-claims of the parties and consider any application made under Section 17 of the Act .
O.M.P.(I) (COMM.) 180/2024 Page 1 of 3This 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 01/06/2024 at 01:37:59
3. With the consent of learned counsel for the parties, the petition is disposed of by referring the disputes between the petitioner and the respondent to the arbitration of Hon'ble Ms. Justice Mukta Gupta, former Judge of this Court [Tel: 96507-88600].
4. The arbitration will be held under the aegis of Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi-110503 ["DIAC"], and will be governed by the Rules of DIAC, including as to the remuneration of the learned Arbitrator.
5. The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference.
6. This petition will be treated as an application under Section 17 of the Act. The respondent may serve Section 17 application, if any, upon the petitioner within one week from today. The parties may file their replies to each other's applications within one week thereafter or as soon as the learned Arbitrator enters upon the reference, whichever is earlier.
7. The parties may request the learned Arbitrator for an expeditious hearing on the application under Section 17 of the Act, at least for the purposes of ad-interim orders.
8. Until the learned Arbitrator is able to consider the matter, at least for the purpose of ad-interim order, Mr. Dholakia states that status-quo as to possession of the property [145P, Sector - 44, Gurugram] will be maintained. Any other action taken by the respondent will be subject to the orders of the learned Arbitrator.
9. It is made clear that all rights and contentions of the parties are left open for adjudication by the learned Arbitrator. Parties may request the learned Arbitrator to continue, vacate, vary or modify the order passed O.M.P.(I) (COMM.) 180/2024 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 01/06/2024 at 01:37:59 today.
10. The petition is disposed of in these terms.
PRATEEK JALAN, J MAY 30, 2024 SS/ O.M.P.(I) (COMM.) 180/2024 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 01/06/2024 at 01:38:00