Sangita Mehra v. Jaipreet Singh Kler
Interim measure – Arbitration and Conciliation Act, 1996
Case brief
What is this about?
O.M.P.(I) 1/2025 | High Court of Delhi | decided 23.01.2025 | Manoj Kumar Ohri J | Sangita Mehra (petitioner; Raman Kapur Sr.Adv., Varun Kapur) v Jaipreet Singh Kler (respondent; Sunil K. Mittal, Anshul Mittal, Sarthak Tagra) | Statutes: Section 9 and Section 17, Arbitration and Conciliation Act, 1996 | Subject: interim directions restraining creation of third party interest/parting with possession of subject property-basement till conclusion of arbitration | Prior: orders in ARB.P. 1804/2024; dispute referred to Sole Arbitrator | Outcome: petition treated as Section 17 application before Arbitral Tribunal; disposed.
What did the court decide?
In view of the orders passed in ARB.P. 1804/2024 and the fact that the dispute between the parties had already been referred to the learned Sole Arbitrator, the present Section 9 petition was itself treated as an application under Section 17 of the A&C Act, to be decided accordingly by the learned Arbitral Tribunal.