M/S GTL INFRASTRUCTURE LTD. vs S.C WADHWA AND SONS (HUF)

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.03.2025 + FAO (COMM) 68/2025 M/S GTL INFRASTRUCTURE LTD. .....Appellant Through: Mr. Swetank Shantanu, Mr. Pratap Shanker & Mr. Ankit Kumar, Advs. Versus S.C WADHWA AND SONS (HUF) .....Respondent Through: Mr. Anupam Srivastava, Sr. Adv. with Mr. Ujjwal Malhotra, Mr. Gaurav Arora, Mr. D. Gupta & Mr. V. Misra, Advs. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J (Oral). CM No. 13738/2025 (Filing) and CM No. 13740/2025 (Re-filing) 1. For the reasons stated in the applications, the delay in filing and re- filing the appeal is condoned. 2. The applications are disposed of. FAO (COMM) 68/2025 & CM Nos.13736/2025, 13737/2025, 13739/2025 3. The appellant has filed the present appeal under Section 37(1)(b) of the Arbitration & Conciliation Act, 1996 [the A&C Act] impugning an order dated 09.10.2024 [the impugned order] passed by the learned Commercial Court, whereby the appellant was directed to immediately remove the mobile / cellular tower erected on top of the respondent’s property (property bearing No.J-5/57, Rajouri Garden, New Delhi) and to restore the licensed property to its original state. In addition, the learned FAO (COMM) 68/2025 Page 1 of 14 Signature Not Verified Digitally Signed By:TARUN RANA Signing Date:21.03.2025 15:26:05 Commercial Court had also directed that a sum of ₹18,95,706/-, which is admittedly the outstanding license fee, be deposited in a fixed deposit before the learned Commercial Court within a period of two months from the date of the impugned order. INTRODUCTION 4. The appellant has assailed the impugned order on, essentially, two fronts. First, it is contended that the impugned order, in effect, grants the final relief as sought for by