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Delhi High Court - Orders

Splendor Landbase Ltd vs Aparna Ashram Society & Anr on 4 November, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~1 & 26
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    ARB.P. 366/2021 and I.A. Nos.10176/2021 & 18015/2022
                               SPLENDOR LANDBASE LTD.                            ..... Petitioner
                                                Through: Mr. Sudhir Nandrajog, Senior
                                                            Advocate with Mr. Gaurav Puri,
                                                            Mr.Sarthak Gupta and Ms. Yashika
                                                            Verma, Advocates.
                                                versus
                                 APARNA ASHRAM SOCIETY & ANR.              ..... Respondents
                                             Through: Mr. Sanjay Khanna with Ms. Pragya
                                                      Bhushan, Mr. Karandeep Singh and
                                                      Mr. Tarandeep Singh Advocates for
                                                      R1 and 2.
                                                      Dr. Surya Prakash, Advocate.
                                                      Mr. Rahul Gupta, Mr. Shekhar Gupta,
                                                      Mr.     Devanshu         Kumar      &
                                                      Mr.Subhashish Kumar, Advocates for
                                                      R2.
                                                      Mr. Rajiv Nayar & Mr. Randeep Rai,
                                                      Senior Advocates with Mr. Kunal
                                                      Dawar, Mr. Jatin Sehgal, Mr. Arjun
                                                      Rai,    Ms.     Rubina        Virmani,
                                                      Mr.Adhirath Singh, Ms. Devna Soni,
                                                      Mr. Viren Bansal & Mr. Amir,
                                                      Advocates for R3 to R6.

                          +      O.M.P.(I) (COMM.) 25/2021 and Crl. M.A. 16902/2022, I.A.
                                 Nos.10177/2021, 10561/2021, 14465/2022, 16775/2022, 17184/2022
                                 & 18016/2022
                                 M/S SPLENDOR LANDBASE LTD.                 ..... Petitioner
                                               Through: Mr. Sudhir Nandrajog, Senior
                                                        Advocate with Mr. Gaurav Puri,
                                                        Mr.Sarthak Gupta and Ms. Yashika
                                                        Verma, Advocates.
                                               versus
                                 M/S APARNA ASHRAM (SOCIETY) & ANR.              ..... Respondents


Signature Not Verified
Digitally Signed
By:NEERAJ
Signing Date:05.11.2022   ARB.P. 366/2021 & O.M.P.(I) (COMM.) 25/2021                   Page 1 of 3
16:58:18
                                                         Through:        Mr. Sanjay Khanna with Ms. Pragya
                                                                        Bhushan, Mr. Karandeep Singh and
                                                                        Mr. Tarandeep Singh Advocates for
                                                                        R1 and 2.
                                                                        Dr. Surya Prakash, Advocate.
                                                                        Mr. Rahul Gupta, Mr. Shekhar Gupta,
                                                                        Mr.     Devanshu       Kumar      &
                                                                        Mr.Subhashish Kumar, Advocates for
                                                                        R2.
                                                                        Mr. Rajiv Nayar & Mr. Randeep Rai,
                                                                        Senior Advocates with Mr.Kunal
                                                                        Dawar, Mr. Jatin Sehgal, Mr. Arjun
                                                                        Rai,    Ms.     Rubina     Virmani,
                                                                        Mr.Adhirath Singh, Ms. Devna Soni,
                                                                        Mr. Viren Bansal & Mr. Amir,
                                                                        Advocates for R3 to R6.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                        ORDER

% 04.11.2022 Mr. Sanjay Khanna and Dr. Surya Prakash, both learned counsel appearing for respondent No. 1 submit that they have filed separate replies dated 11.01.2022 and 06.04.2021 respectively on behalf of the same respondent No. 1.

2. Mr. Sanjay Khanna and Dr. Surya Prakash have made extensive, high-decibel submissions, which evidence the shrill state of affairs within respondent No. 1 viz. Aparna Ashram Society, inasmuch as there is dispute as to which is the legitimate Governing Body of Aparna Ashram to represent the society in the present proceedings. Both counsel have submitted that there is a long list of litigation that has happened between the rival factions within respondent No.1, including suits, writ petitions etc. Signature Not Verified Digitally Signed By:NEERAJ Signing Date:05.11.2022 ARB.P. 366/2021 & O.M.P.(I) (COMM.) 25/2021 Page 2 of 3 16:58:18

3. However, this court has made it clear that it is not the remit of this court in the present proceedings under section 11 of the Arbitration & Conciliation Act 1996, to embark upon an adjudication of who are the lawful Office Bearers of the Governing Body of respondent No.1/Aparna Ashram Society.

4. Mr. Rajiv Nayar, learned senior counsel appearing for the newly impleaded respondents Nos. 3 to 6 submits that a Special Leave Petition impugning order dated 20.10.2022 made by this court impleading the said respondents, is listed before the Hon'ble Supreme Court today; and that further proceedings in this matter may await the decision of the Hon'ble Supreme Court.

5. At request, re-notify on 10th November 2022.

ANUP JAIRAM BHAMBHANI, J.

NOVEMBER 4, 2022/uj Signature Not Verified Digitally Signed By:NEERAJ Signing Date:05.11.2022 ARB.P. 366/2021 & O.M.P.(I) (COMM.) 25/2021 Page 3 of 3 16:58:18