Extracted from the PDF above. The PDF is authoritative.
O.M.P.(I) (COMM.) 149/2025
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 149/2025 & I.A. 14046/2025
SHARAD MAHESHWARI
.....Petitioner Through: Mr. Anirudh Bakhru, Mr. Manish Kaushik and Mr. Yashpriya Sahran, Advocates. versus
SURESH CHANDRA PAL & ORS. .....Respondents Through: Mr. Sameer Rohtagi and Mr. Abhishek Rana, Advocates. CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R %
04.07.2025
1. This petition is filed on behalf of the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs:-
“a) Restrain the Respondents from alienating, creating third party rights or dealing in any manner being about 80 bighas freehold lands forming part of Khasra Nos. 470/2, 442,443,444,445,447,448,449,450,451,452,454, 455, 456, 457,458, 459,460,461,462,463,464,465,466,467,468,469 situated in Mouja Dhakpatti, Pargana Panchwadoon, Tehsil and District Dehradun, Uttarakhand, India in obedience with the Award and Settlement Agreement dated 19.9.2022. b) Pass such other interim measure of protection as may appear to this Hon’ble Court to be just and convenient.”
2. On 02.05.2025, when notice was issued in the petition, Respondents had undertaken to deposit the awarded amount in Court within three weeks and the matter was adjourned to 04.07.2025. In the meantime, an application was filed on behalf of the Respondents being I.A. 14050/2025, seeking extension of time upto 04.07.2025 to deposit the awarded amount. The This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:11:01
O.M.P.(I) (COMM.) 149/2025
application was listed on 29.05.2025, on which date it was assured on behalf of the Respondents that the awarded amount shall be deposited on or before
04.07.2025. Taking on record this assurance, Court permitted the Respondents to deposit the awarded amount on or before 04.07.2025. It was, however, made clear that in case the awarded amount, as undertaken, was not deposited within the said timeline, Respondents shall be restrained from creating any encumbrance or third party rights in the properties in respect of which restraint order is sought by the Petitioner. It was also directed that till the awarded amount was deposited, status quo shall be maintained by the Respondents with regard to the subject properties. 3. Mr.
Sameer Rohtagi, learned counsel for the Respondents, on instructions, submits that for reasons beyond the control of Respondents, the awarded amount has not been deposited and Respondents are not in a position to make the said deposit even today. In light of this, Mr. Rohtagi in his usual fairness states that the status quo order with respect to the subject properties may be confirmed with liberty to the Respondents to approach the Court for modification of the order, if the circumstances so require. 4. Mr. Anirudh Bakhru, learned counsel for the Petitioner opposes the grant of liberty to the Respondents on the ground that Petitioner is yet to realise the monies due to him under the arbitral award and thus any modification in the status quo order will be unwarranted. 5. Heard. 6. In light of the submissions made on behalf of the Respondents, this petition is disposed of confirming the status quo order dated 29.05.2025, with respect to the subject properties, aforementioned. Liberty, as prayed for is granted to the Respondents, in accordance with law. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:11:01
O.M.P.(I) (COMM.) 149/2025
7. Pending application also stands disposed of. JYOTI SINGH, J JULY 4, 2025 S.Sharma This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2025 at 12:11:01