Hospitech Management ... vs Director General Married ...
2017 Latest Caselaw 4477 Del

$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 25.08.2017

+      OMP(I) (COMM) 471/2016
       HOSPITECH MANAGEMENT CONSULTANTS PVT. LTD.
                                                             ..... Petitioner

                           versus

       DIRECTOR GENERAL MARRIED ACCOMODATION &
       ANR.                          ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr. Udit Seth, Advocate.

For the Respondent   :     Mr. Rajendra Sahu with Mr. Sameer Sharma,
                           Advocates for respondent No.1.
                           Ms. Suruchi Aggarwal, Advocate for respondent
                           No.2.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

25.08.2017

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner, by this petition under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) seeks a restraint on the respondent from encashing the Fixed Deposit No.456809 with Punjab & Sind Bank.

2. On 22.05.2009, the petitioner was appointed as a Consultant to provide Consultancy Services of Detailed Engineering and Project Management Service to respondent for its project at Babina and Saugar.

3. During execution of the work, certain disputes had arisen leading to the termination of the contract and invocation of the arbitration by the petitioner.

4. By order dated 08.12.2016, status qua was directed to be maintained in respect of the Fixed Deposit No. 456809 with Punjab & Sind Bank.

5. In a petition filed by the petitioner under Section 11 of the Act being Arb. P. No. 44/2017, by an order of today's date, an Arbitrator has been appointed by this Court.

6. With the consent of the parties and without prejudice to their rights and contentions, this petition is disposed of directing the Arbitrator appointed to consider the prayer of the petitioner for grant of interim protection with regard to the Fixed Deposit No. 456809 with Punjab & Sind Bank under section 17 of the Act.

7. It is directed that the interim order dated 08.12.2016 shall continue to operate till the Arbitrator takes up the request of the petitioner for interim protection.

8. It is clarified that the interim order dated 08.12.2016 shall be subject to further orders to be passed by the Arbitrator.

9. The petition is, accordingly, disposed of.

10. Order Dasti under signatures of Court Master.

SANJEEV SACHDEVA, J AUGUST 25, 2017 st