M/S OCEAN VIEW PROPERTIES LLP vs BALESHWAR SHARMA & ORS.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 16.04.2026 + ARB. A. (COMM.) 62/2024, I.A. 46927/2024 (Stay), I.A. 46929/2024 (Ex. From filing certified copy of arbitral record), I.A. 46930/2024 (Seeking permission to file lengthy list of dates) & I.A. 22649/2025 (Delay of 17 days in filing the reply) M/S OCEAN VIEW PROPERTIES LLP .....Petitioner Through: Mr. Abhishek Malhotra, Senior Advocate with Mr. Pranay Ranjan and Mr. Youkteshwari Prasad, Advocates versus BALESHWAR SHARMA & ORS. .....Respondents Through: Mr. Tushar Jarwal, Mr. Bilal Ikram & Mr. Faraahat Ashar Shahab, Advs. for R-1. Mr. Parth Shekhar and Mr. Shubham Singh, Advs. for R-3 &4 CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal, filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 19961, seeks to assail the Order dated 17.09.20242 passed by the learned Arbitral Tribunal, whereby the Appellant has been impleaded as a party to the arbitral proceedings, notwithstanding that the Appellant was not a signatory to 1 Act Signature Not Verified Digitally Signed ARB. A. (COMM.) 62/2024 Page 1 of 4 By:VARNIKA Signing Date:17.04.2026 16:17:26 the Arbitration Agreement in question. 2. At the outset, learned counsel for the Respondents raises a preliminary objection to the maintainability of the present Appeal, on the ground that though the Appeal has been preferred under Section 37(2)(b) of the Act, the Impugned Order is not one granting or refusing an interim measure under Section 17, but is, in substance, referable to the exercise of jurisdiction by the Arbitral Tribunal under Section 16 of the Act. 3. He draws the attention of this Court to the Judgement passed by the Hon‟ble Supreme Court in ASF Buildte