Disposed¶26

Devyani International Limited v. Ghulam Nabi Kathroo & Ors.

Delhi HC8 Jan 2026O.M.P.(I) (COMM.)/317/2024

Case brief

AI extract

What is this about?

Devyani International Limited vs Ghulam Nabi Kathroo & Ors.; O.M.P.(I) (COMM.) 317/2024; Delhi High Court; Justice Mini Pushkarna; 08.01.2026; Section 9 Arbitration and Conciliation Act 1996; KFC outlet Anantnag J&K; Lease Deed 07.11.2021; interim protection order dated 30.09.2024 (no forcible dispossession or interference without leave of Court); civil suit C.O.S 76/2025 District Court Anantnag; petitioner's application for reference to arbitration; petition disposed of, no further orders.

What did the court decide?

No fresh relief granted; petition disposed of, the Court noting the subsisting interim protection of the order dated 30.09.2024 (respondent not to forcibly dispossess the petitioner or interfere with its business without leave of the Court) and the remedies already initiated by the parties. ¶26

Devyani International Limited Vs Ghulam Nabi Kathroo & Ors. — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether any further orders are required to be passed in the present Section 9 petition seeking restraint against interference with the petitioner's 'KFC' business at the leased Anantnag premises, given that the petitioner is still continuing with occupation of the premises and the respondents have already initiated their remedies in accordance with law.

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Court's answer

No further orders are required to be passed in the present petition, the Court noting that the petitioner is still continuing with the occupation of the premises and that the respondents have already initiated their remedies in accordance with law.

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Ratio / Principle

The present petition is disposed of.

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Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — S. 9 — Devyani International Ltd. v. Ghulam Nabi Kathroo & Ors., O.M.P.(I) (COMM.) 317/2024 (High Court of Delhi, Mini Pushkarna, J., 08.01.2026): Petition seeking direction to restrain respondents from interfering with petitioner's 'KFC' business at ground and first floors, GEN Bus Stand, K.P. Road, Anantnag (leased vide Lease Deed dated 07.11.2021) disposed of, no further orders being required. Court noted that the petitioner is still continuing in occupation of the premises and that the respondents have already initiated their remedies in accordance with law — they filed civil suit C.O.S 76/2025 in the District Court, Anantnag, in which the petitioner applied for reference of the matter to arbitration. Interim order dated 30.09.2024 (respondent not to forcibly dispossess petitioner or interfere with its business without leave of the Court) stood referred to. None appeared for the petitioner when the matter was called out.

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(I) (COMM.) 317/2024

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DEVYANI INTERNATIONAL LIMITED .....Petitioner

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Through: None.

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versus

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GHULAM NABI KATHROO & ORS. .....Respondents Through: Mr. Abhay Chitravanshi and Ms. Riya Goel, Advocates

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 08.01.2026

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The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, (“Act”), seeking direction to restrain the respondent from interfering with the business of the petitioner being run under the name “KFC”, at the ground and first floors, GEN Bus Stand, K.P. Road, Anantnag, Jammu and Kashmir, which was leased to the petitioner by the respondents by way of a Lease Deed dated 07^th November, 2021.

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None appears for the petitioner when the matter is called out.

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Learned counsel appearing for the respondents draws the attention of this Court to the order dated 30^th September, 2024, which reads as under:

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“1. Learned counsel for the respondent submits that she has not been supplied the complete copy of the paper-book. Although the same is refuted by the learned counsel for the petitioner, let an additional copy of the complete paper-book be supplied by the learned counsel for the petitioner to the learned counsel for the respondent during the course of the day.

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2. Learned counsel for the respondent seeks four weeks’ time to file a reply. Let reply be filed within a period of four weeks from today.

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3. Learned counsel for the respondent submits that till the next date

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This is a digitally signed order.

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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 09/01/2026 at 11:37:17

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of hearing, the respondent shall not forcibly dispossess the petitioner or interfere with the business of the petitioner being carried out from the premises in question, without leave of the Court .

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4. List on 03.12.2024.”

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(Emphasis Supplied)

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By referring to the aforesaid order, learned counsel appearing for the respondents submits that the petitioner is still continuing with the occupation of the premises in question, and that the respondents shall not forcibly dispossess the petitioner or interfere with the business of the petitioner, being carried out from the premises in question. He further submits that the respondents have already taken their legal remedies, and have filed a civil suit in the District Court in Anantnag bearing C.O.S 76/2025 .

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He further submits that the petitioner in the present case has already filed an application in the said civil suit, for reference of the matter to arbitration. He, thus, submits that the parties have already invoked their legal remedies.

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Having heard learned counsel appearing for the respondents, this Court notes the submission made by learned counsel for the respondents that the petitioner is still continuing with the occupation of the premises in question, and that the respondents have already initiated their remedies, in accordance with law.

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Accordingly, no further orders are required to be passed in the present petition.

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Noting the aforesaid, the present petition is disposed of.

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MINI PUSHKARNA, J

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JANUARY 8, 2026 ak

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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 09/01/2026 at 11:37:17

Devyani International Limited v. Ghulam Nabi Kathroo & Ors.

Case brief

What is this about?

What did the court decide?

Devyani International Limited v. Ghulam Nabi Kathroo & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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