Harvinder Singh Sethi v. Raj Kalra & Anr

(1) These petitions have been fded under Section 9 ofthe Arbitration and Conciliation Act, 1996 (Act, iii short), inter alia, with thefollowing prayers: In OMP 1042/2012 a) Grant ex-exparte ad-interim injunction, restraining the respondent, her servant, her agent, assignee, nominee, employee or by any person from selling/executing sale deed in favour of any third party and restrain respondent from creating any third party right in the saidproperty i.e. 366 sq. ft. out oftotal 687.451 sq.ft. inproperty bearing No. G- 09, Ground Floor, Paragaon Mall, Rajouri Garden, New Delhi after notice to the respondent, the above 2015:DHC:11685 order may be confirmed till the Arbitrator makes and published the award; b) Award cost ofthepetition to the applicant. c) Pass any other such orders(s) which this Hon'ble Court deems fit and appropriate in the facts and circumstances of the case and in the interest of justice InOMP 1043/2012 a) Grant ex-exparte ad-interim injunction, restraining the respondent, her servant, her agent, assignee, nominee, employee or by any person from selling/executing sale deed in favour of any third party and restrain respondent from creating any third party right in the property bearing No. G-12, Ground Floor, Paragaon Mall, Rajouri Garden, New Delhi, admeasuring 1266.[5] sq. ft. after notice to the respondent, the above order may be confirmed till the Arbitrator makes andpublished the award; b) Award cost ofthepetition to the applicant. c) Pass such other further order/s that this Hon'ble Court deem fit and appropriate in the facts and circumstances ofthe matter. (2) When the matter was listed on November 7, 2012, this Court had passed the following order: InOMP 1042/2012

1. Issue notice to the respondents, returnable on 27^^ February 2013. Dasti in addition.

2. Till the next date ofhearing, the respondents or its agents are restrainedfrom selling/executing sale deedinfavour of any third party orfrom creating any third party rights in theproperty hearing No. G-09, Ground Floor, Paragaon Mall, Rajouri Garden, New Delhi admeasuring 366sq. ft. out oftotal 687.451 sq.ft.

3. A copyofthis order begiven dasti. InOMP 1043/2012

1. Issue notice to the respondents, returnable on 27^'^ February 2013. Dasti in addition.

2. Till the next date of hearing, the respondents or its agents are restrainedfrom selling/executing sale deed infavour ofany third party orfrom creating any third party rights in the property bearing No. G-12, Ground Floor, Paragaon Mall, Rajouri Garden, New Delhi admeasuring 1266.[5] sq.ft.

3. A copy ofthis order be given dasti. (3) I also note that on December 10, 2014 and on December 22, 2014, the counsel for the parties showed their desire to settle the matters. (4) After making the submissions for some time, learned counsel for the parties statethat an Arbitrator be appointed to arbitrate inter-se disputes and differences between the parties. (5) In view of the request now made, I, appoint Mr. G.P.Thareja, Retd. Addl. District & Sessions Judge as Sole Arbitrator to arbitrate the inter se disputes and differences between the parties including counter claim, if any. The learned Sole Arbitrator would be at liberty to fix his arbitration fee and the expenses, if any, for conduct of the arbitration proceedings. The cost shall be shared equally by both the parties. (6) In view of this order, Mr. M.S.Ahluwalia, counsel appearing for the 0/" petitioners states that he would withdraw the applications being AA No. 363 & 364 of 2014 filed by the petitioners under Section 11(6) of the Act on March 23, 2015, the date when they are listed. (7) Copy of this order be sent to Sh. G.P.Thareja, Retd. Addl. District & Sessions Judge at B-201, Priyadarshini Apartment, Patparganj, Delhi. (8) Interim orders passed by this Court shall continue till the culmination of the arbitration proceedings and shallbe subjectto the final award(s) of the learned Arbitrator. The parties would be at liberty to file the appropriate application for interim relief, if any, before the learned SoleArbitrator. The petitions stand disposed of

V. KAMESWi^^O,J

FEBRUARY 20, 2015