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2026 DAILYLAW 296 (DEL)

M/S. DEVYANI INTERNATIONAL LIMITED v. PAICHMUTHU PANDARA THEVAR, PROPRIETOR OF M/S BALAJI CATERERS & ANR.

CONT.CAS(C)/482/2026 · 2026-03-23

Sachin Datta

body2026

Judgment text

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$~113 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 482/2026 M/S. DEVYANI INTERNATIONAL LIMITED .....Petitioner Through: Mr. Satish Rai, Ms. Shatakshi Sharma and Mr. Gulshan Kumar Maurya, Advocates. versus PAICHMUTHU PANDARA THEVAR, PROPRIETOR OF M/S BALAJI CATERERS & ANR. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 23.03.2026 CM APPL.18092/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CONT.CAS(C) 482/2026 3. The present petition has been filed by the petitioner alleging wilful disobedience/non-compliance of the order dated 10.03.2026 in O.M.P.(I) (COMM.) 87/2026. 4. Thereafter, two I.A.s under Order XXXIX Rule 2A of the Civil Procedure Code, 1908, bearing I.A. No. 6556/2026 and 6557/2026 were filed by the petitioner in O.M.P.(I) (COMM.) 87/2026 alleging disobedience of the aforesaid order dated 10.03.2026. 5. Vide order dated 16.03.2026, the said I.A.s were disposed of, observing as under: 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 27/03/2026 at 11:33:55 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 27/03/2026 at 11:33:55 6. The petitioner is aggrieved by the fact that despite the categorical statement recorded in the aforesaid order to the effect that there shall be no interference with the operations of the outlet of the petitioners, the respondent no.1 is not acting in consonance therewith and is preventing the petitioner from carrying out its business operations. 7. Issue notice. 8. Learned counsel, as aforesaid, accepts notice on behalf of the respondents. 9. Learned counsel for the respondent no.1 makes a two-fold submission. Firstly, it is submitted that there is an impediment in the petitioner operating its outlet despite the categorical undertaking by the respondents [as recorded in the order dated 16.03.2026 in O.M.P. (I) (COMM.) 87/2026] on account of the fact that the Airport Authority of India (AAI)/ respondent no.2 is unilaterally taking action against the petitioner. Secondly, it is submitted that contrary to the directions issued by this Court to the effect that the application of the petitioner under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter “A&C Act”) be decided expeditiously, the petitioner is not cooperating with the same and did not even appear 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 27/03/2026 at 11:33:55 before the learned Arbitrator on the previous date of hearing. 10. After some hearing, the following directions are issued: (i) The respondent no. 1 shall adhere to the undertaking incorporated in the aforesaid order dated 16.03.2026 and will not interfere with the operation of the business being carried out by the petitioner in its sub- licensed premises. (ii) The AAI shall not impede the operation of the above directions (and thereby facilitate disobedience/ non-compliance with the order passed by this Court) and will not obstruct the operations of business of the petitioner, subject to the petitioner adhering to the rules and regulations of the AAI. (iii) The petitioner shall appear and argue his application filed under Section 17 of the A & C Act before the learned Arbitrator on the next date of hearing. It is agreed by the petitioner that if any adjournment is sought by the petitioner in the proceedings before the learned Arbitrator or if there is any omission on the part of the petitioner in appearing before the learned arbitrator, the aforesaid undertaking of the respondent no.1 shall no longer operate, and no interim order shall subsist in favour of the petitioner. 11. The present petition stands disposed of in the above terms. SACHIN DATTA, J MARCH 23, 2026/at 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 27/03/2026 at 11:33:55