GROVY INDIA PVT LTD. vs KULDEEP GUPTA

Judgment text excerpt

$~140 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.04.2025 + FAO (COMM) 98/2025 & CM APPL. 24141-42/2025 GROVY INDIA PVT LTD. .....Appellant Through: Mr Aditya Wadhwa, Advocate. versus KULDEEP GUPTA .....Respondent Through: Mr Siddharth Chaudhary, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) 1. Issue notice. The learned counsel for the respondent, who has joined the proceedings through video conferencing, accepts notice. 2. The appellant has filed the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 [A&C Act], inter alia, impugning the order dated 17.04.2025 [impugned order] passed by the learned Commercial Court in OMP (I) (COMM) No.64/2025 captioned Kuldeep Gupta v. M/s Grovy India Pvt Limited. 3. The said petition [OMP (I) (COMM) No.64/2025] was filed by the respondent under Section 9 of the A&C Act, seeking interim measures of protection. 4. In terms of the impugned order, the learned Commercial Court had interdicted the appellant from removing or taking out the scrap material in Signature Not Verified Digitally Signed FAO (COMM) 98/2025 Page 1 of 4 By:TARUN RANA Signing Date:01.05.2025 15:03:24 the form of iron, steel reinforcement scrap, a poclain breaker, three oxygen cylinders, LPG cylinders, motor, and tools lying at the site (at No.C-8, Anand Niketan, New Delhi) and from carrying out any demolition work. 5. The respondent was engaged by the appellant for demolishing the built-up property bearing No.C-8, Anand Niketan, New Delhi-110021 [subject property]. 6. The appellant is a limited company registered under the Companies Act, 1956 and is engaged in carrying on the business of construction and development of real estate. 7. The appellant had ente