$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 425/2025 & CAV 391/2025, I.A. 25360/2025 TDI INFRATECH LTD .....Petitioner Through: Mr. Sandeep Sethi Sr. Adv., MS. Roohe Hina Dua, Adv, Mr.Arav Pandit, Adv, Mr. Piyush Jain, Adv. Ms.Yashika Kapoor, Adv. versus PRESTIGE PROJECTS PVT LTD .....Respondent Through: Mr. Sajan Poovayya, Sr. Adv., with Ms. Anuradha Mukherjee, Mr. Dwijesh Kapila and Mr. Abhinav Chahar, Advocates CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 13.10.2025 1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking the following reliefs against the respondent:- “a. Pass an ex-parte ad-interim injunction restraining Respondent, its agents, affiliates, transferees, nominees or any person claiming through or under them from creating any third-party rights, alienating, selling, transferring, mortgaging, charging, or otherwise encumbering or dealing with the Property at 9, Kasturba Gandhi Marg, New Delhi – 110001 or any part thereof, till final adjudication of the arbitration; b. Directing Respondent to maintain status quo in respect of title, record, and dealings with the Property and to preserve all documents, approvals and correspondence relating to the Property. c. Directing Respondent to deposit into an escrow account the net sale consideration (if any) arising from any pending sale or transfer of the Property or, alternatively, to furnish an undertaking and security sufficient to secure the Petitioner’s 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 25/10/2025 at 14:13:04 claim of INR 36 Crores pending arbitration.” 2. The brief facts Agreement dated 04.03.2024, connection with the proposed project on the property admeasuring 1.05 acres situated at 9, KG Marg, New Delhi, 110001 3. The said Agreement contained which reads as 4. Admittedly, there are 5. Mr. Sethi, l may appoint an Arbitrator and direct the A petition as a 6. Mr. Poovayya, l states that he 7. For the said reasons, the petition is allowed and the following directions claim of INR 36 Crores pending arbitration.” rief facts of the case are that the parties entered into a S greement dated 04.03.2024, for procurement of He connection with the proposed development of the luxury group housing project on the property admeasuring 1.05 acres situated at 9, KG Marg, New Delhi, 110001. Agreement contained an arbitration clause being clause No. which reads as under:- Admittedly, there are disputes between the parties Mr. Sethi, learned senior counsel for the petitioner requests may appoint an Arbitrator and direct the Arbitrator to treat the present petition as an application under Section 17 of the 1996 Act. Mr. Poovayya, learned senior counsel for the respondent, on instructions, states that he has no objection. For the said reasons, the petition is allowed and the following directions are that the parties entered into a Service procurement of Height NOC in development of the luxury group housing project on the property admeasuring 1.05 acres situated at 9, KG Marg, arbitration clause being clause No. 10 disputes between the parties. for the petitioner requests that the Court rbitrator to treat the present 17 of the 1996 Act. the respondent, on instructions, For the said reasons, the petition is allowed and the following directions 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 25/10/2025 at 14:13:04 are issued:- i) Ms. Justice Mukta Gupta, Former Judge, High Court of Delhi (Mob. No. 9650788600) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned Arbitrator. vi) The parties shall approach the learned Arbitrator within two weeks from today. 8. The arbitration shall be treated as a fast track arbitration under Section 28B of the 1996 Act. 9. The present petition shall be treated as an application under Section 17 of the 1996 Act and be decided in accordance with the law. 10. The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J OCTOBER 13, 2025 / (MS) 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 25/10/2025 at 14:13:04