M/S Kanchenjunga Commercial Ltd & Anr. vs M/S Ansal Properties And ...
2024 Latest Caselaw 7066 Del

Delhi High Court

M/S Kanchenjunga Commercial Ltd & Anr. vs M/S Ansal Properties And ... on 29 October, 2024

Author: Sachin Datta

Bench: Sachin Datta

                          $~J-5
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                  Judgment pronounced on: 29.10.2024
                          +       O.M.P.(I) (COMM.) 16/2022 & I.A No. 8606/2023

                                  M/S KANCHENJUNGA
                                  COMMERCIAL LTD. & ANR.                                   .... Petitioners
                                                      Through:     Mr. Harsh Sethi, Mr. Anant Nigam
                                                                   and Mr. Raghav Luthra, Advs.
                                                      versus

                                  M/S ANSAL PROPERTIES
                                  AND INFRASTRUCTURE LIMITED & ANR.                      .... Respondents
                                                      Through:     Mr. Sachin Midha, Mr. Aditya and
                                                                   Mr. Vikram Bajpai, Advs. for R-1 and
                                                                   2.
                                                                   Mr. Aditya Kumar, Mr. Angad
                                                                   Gautam and Mr. Parv Verma, Advs.
                                                                   for R-3/RSD Finance.
                                  CORAM:
                                  HON'BLE MR. JUSTICE SACHIN DATTA
                                                      JUDGMENT

1. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (the 'A&C Act') has been filed by petitioners seeking certain interim measures of protection.

2. The disputes which are subject matter of the present petition has already been referred to arbitration vide order dated 26.06.2022 passed in ARB.P. No. 716/2022.

3. It is noted that the learned sole arbitrator appointed vide the aforesaid order dated 26.06.2022 is also seized of an application seeking impleadment

of RSD Finance Ltd. (respondent no.3 herein), who is a non-signatory to the Collaboration Agreement dated 14.10.2010, which contains the arbitration clause that has been invoked.

4. Accordingly, the present petition is directed to be treated as an application under Section 17 of the A&C Act to be decided by learned sole arbitrator, in accordance with law. Needless to say, the decision of the learned sole arbitrator as to whether any interim order is warranted against the non-signatory party/respondent no. 3, is contingent upon the outcome of the application for impleadement of the said respondent.

5. The subsisting interim order/s shall continue to operate subject to further order(s) of the learned sole arbitrator.

6. The present petition stands disposed of in the above terms. Pending application also stands disposed of.

SACHIN DATTA, J OCTOBER 29, 2024/hg