[Cites 3, Cited by 0]
Delhi High Court
Radhey Lal Gupta & Ors vs Galaxy Healthcare & Ors on 9 March, 2026
$~35 & 36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 09.03.2026
+ O.M.P.(I) (COMM.) 155/2025 & I.A. 5590/2026 (recalling of
orders)
RADHEY LAL GUPTA & ORS. .....Petitioners
Through: Mr. Shadan Farasat, Senior
Advocate along with Mr.
Kaustubh Chaturvedi, Mr.
Arkaprava Dass, Mr. Harshit
Anand and Mr. Parvez Alam
Khan, Advocates.
versus
GALAXY HEALTHCARE & ORS. .....Respondents
Through: Mr. Deepak Aggarwal, Mr.
Aditya Raghav Bundela and
Mr. Abhishek Chauhan,
Advocates.
36
+ O.M.P.(I) (COMM.) 156/2025 & I.A. 11207/2025 (Ex. From
filing original and colour copies of the documents and pleading)
RADHEY LAL GUPTA .....Petitioner
Through: Mr. Shadan Farasat, Senior
Advocate along with Mr.
Kaustubh Chaturvedi, Mr.
Arkaprava Dass, Mr. Harshit
Anand and Mr. Parvez Alam
Khan, Advocates.
versus
GALAXY HEALTHCARE & ORS. .....Respondents
Through: Mr. Deepak Aggarwal, Mr.
Aditya Raghav Bundela and
Mr. Abhishek Chauhan,
Advocates.
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:11.03.2026 O.M.P. (I) (COMM.) 155/2025 & connected matter Page 1 of 3
16:46:13
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
% JUDGEMENT (ORAL)
HARISH VAIDYANATHAN SHANKAR, J.
1. The Petitions being O.M.P.(I) (COMM.) 155/2025 and
O.M.P.(I) (COMM.) 156/2025 ["present Petitions"] have been filed
under Section 9 of the Arbitration and Conciliation Act, 1996 ["Act"]
read with Section 151 of the Code of Civil Procedure, 1908, seeking
interim measures, inter alia, to deposit the the due amounts and
directions to prevent alienation and preservation of movabale and
immovable properties of the Respondents, before the invocation of
Arbitration proceedings.
2. Learned counsel for Petitioner draws the attention of this Court
to the Loan Agreement dated 14.12.2017 in O.M.P.(I) (COMM.)
155/2025 and the Guarantee Agreement dated 01.04.2018 in
O.M.P.(I) (COMM.) 156/2025 to submit that although both the
Petitions arise out of distinct Agreements but were executed between
the same parties and being connected and are to be heard together.
3. Learned counsel for the Petitioners submits that he has filed the
Statement of Claims before the Delhi International Arbitration Centre
["DIAC"] and the said proceedings have been numbered as
DIAC/11340/08-25 in O.M.P.(I) (COMM.) 155/2025 and
DIAC/11339/08-25 in O.M.P.(I) (COMM.) 156/2025. He further
submits that the matter has not proceeded in the DIAC since the
Respondents have not paid their share of the fee which is to be paid
the learned Arbitrator as an arbitration fee.
4. Learned counsel for the Respondents submits that he has not
been informed about the said non-payment of such fee or deficiency in
payment of the fee.
5. Be that as it may, this Court is of the considered view that since
the matters already stand registered as mentioned above before the
DIAC, it would be appropriate that objections that are raised herein to
the present Petitions under Section 9 of the Act be raised before the
learned Arbitrator by treating the present Petitions as Applications
under Section 17 of the Act.
6. The parties are requested to correspond with the DIAC in order
to ensure that the matter proceeds further within a period of one (1)
week from today.
7. It is noted that though this Court had passed directions in
O.M.P.(I) (COMM.) 155/2025 vide Order dated 05.05.2025 for
ensuring that the unemcumbered assets to the tune of
Rs. 3,22,17,163/- were to be kept available, the same has not been
complied with so far, however, since the matter now stands referred to
the DIAC, the learned Arbitrator may take such decision as is
appropriate with respect to the same while adjudicating the Section 17
Applications of the Act.
8. Accordingly, the present Petitions, along with pending
Application(s), if any, stand disposed of in the aforesaid terms.
9. A photocopy of the Order passed today be kept in the connected
matter.
HARISH VAIDYANATHAN SHANKAR, J.
MARCH 09, 2026/tk/kr
