LUXE PASSION PRIVATE LIMITED Vs. FREEDOM ROOST

JUDGEMENT

(1.) This appeal, under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015, inter alia impugns the order dated 29th December, 2020 of the Commercial Court/Additional District Judge-04 (ADJ) (West), Tis Hazari Courts, Delhi, of dismissal of OMP(I)(COMM) No.195/2020 under Section 9 of the Arbitration Act preferred by the appellant seeking interim measure of restraining the respondent from accessing the premises of the appellant at A-16, 29 and 30, Mayapuri Industrial Area, Phase-I, New Delhi and of directing the respondent not to use the licenses/approvals obtained by the respondent in the name of the appellant and further, of directing the respondent to vacate the subject premises in view of termination of the lease and the agreement, on or before 31st December, 2020.

(2.) The appeal came up first before the Vacation Bench of this Court on 31st December, 2020, when notice thereof was ordered to be issued. The appeal thereafter was adjourned from time to time and came up last before us on 7th January, 2021, when though we heard the counsels but being of the prima facie opinion that the impugned order of the Commercial Court/ADJ of dismissal of the Section 9 application of the appellant was liable to be set aside, the matter was adjourned to today to enable the parties to explore the possibility of amicable settlement.

(3.) However no settlement has been possible and we have today again given opportunity to the counsel for the respondent to address us on why the appeal should not be allowed.