In a Section 9 petition concerning 30,000 tonnes of industrial coal and an RMC plant, where an earlier injunction and contempt proceedings were on record, the Court appointed Gautam Narayan, Senior Advocate, as sole arbitrator under DIAC aegis and kept the interim order in force.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Appearance not given.
versus
ASHOK BANSAL .....Respondent Through: Mr. H. R. Khan, Mr. Nihal Ahamd, Mr. Tushar Swami, Ms. Sabiha Fatma, Advocates.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 04.02.2025
“ A . To grant an interim injunction against the Respondent, restraining the Respondent (including its employees, representatives, servants, or agents or anyone claiming through him), during the pendency of the Arbitration Proceedings, from unlawfully selling the 30,000 tons of Industrial Coal material owned by Late Sh. Balkishan Goyal (late husband of the Petitioner) in his personal capacity and under the name of his sole proprietorship firm i.e., Deep Construction Company.
B . To Restrain the Respondent from creating any encumbrance/charge/lien on the Petitioner’s raw material during the pendency of the Arbitration proceedings.
O.M.P.(I) (COMM.) 186/2024 Page 1 of 4
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 10/02/2025 at 15:05:18
C . To pass ad interim ex parte order to restrain the Respondent from selling/transferring/parting or creating any kind of lien/encumbrance/charge in the RMC plant created under the partnership agreement dated 18.01.2023 under the partnership firm name and style of M/S G&G Concrete Solutions. D . To pass such other orders or directions as deemed fit or proper in the facts and circumstances of the present case.”
“ 13 . In view of the averments contained in the petition; considering the documents appended therewith; and based on the submissions made at the Bar, the respondent is restrained from dealing with the 30,000 tons of industrial coal that was subject matter of purchase by late Sh. Balkishan Goyal in any manner; or from transferring, alienating or creating any lien, encumbrance or charge over any assets of the partnership firm in the name and style of M/s G&G Concrete Solutions, created vide Amended Partnership Deed dated 18.01.2023, till the next date of hearing.
14 . Let a copy of this order be served by the petitioners upon the respondent within 07 days.”
O.M.P.(I) (COMM.) 186/2024 Page 2 of 4
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 10/02/2025 at 15:05:18
of industrial coal, has been violated and an I.A. No.33010/2024 was filed by the Petitioners for appointment of a Local Commissioner. Vide Order dated 12.07.2024, this Court had appointed a Local Commissioner to file a report. 5. The Local Commissioner has filed the Inspection Report on 17.09.2024.
O.M.P.(I) (COMM.) 186/2024 Page 3 of 4
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 10/02/2025 at 15:05:18
regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
SUBRAMONIUM PRASAD, J
FEBRUARY 4, 2025 RJ
O.M.P.(I) (COMM.) 186/2024 Page 4 of 4
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 10/02/2025 at 15:05:18
1 issue framed by the court
Should a sole arbitrator be appointed to adjudicate disputes between the parties pending interim injunction under Section 9?
3 provisions across 1 enactments
Bina & Ors.
Ashok Bansal
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
