Delhi High Court – Orders
M/S Dev Accelerator Limited Formerly … vs M/S. Noida Cyber Park Private Limited on 3 January, 2025
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 1/2025
M/S DEV ACCELERATOR LIMITED FORMERLY KNOWN AS
M/S. DEV ACCELERATOR PRIVATE LIMITED .....Petitioner
Through: Mr. Suchinto Chatterji and Mr. S.
Jayaraman, Advocates
versus
M/S. NOIDA CYBER PARK PRIVATE LIMITED .....Respondent
Through:
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 03.01.2025
I.A. 3/2025[Exemption from filing translated copies of hindi documents]
1. Allowed, subject to filing of translated copies within a week.
I.A.4/2025[Exemption from filing emails, originals/documents and
notices, dim illegible and improper margin]
2. Allowed, subject to just exceptions.
I.A. 6/2025[Application seeking permission to produce compact disc (CD)
containing photos, audio recording and video clips]
3. Issue Notice.
4. Reply be filed within a period of four weeks.
4.1 Rejoinder, if any, be filed within a period of two weeks thereafter.
O.M.P.(I) (COMM.) 1/2025
5. The present Petition has been filed under Section 9 of the Arbitration
and Conciliation Act, 1996 [hereinafter referred to as “Act”] inter alia
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seeking the following prayers:
“(a) A temporary injunction directing the Respondent to restore the
electricity connection disconnected immediately and/or restraining the
respondent from issuing threats of disconnecting and/or disconnecting or
otherwise supply of the electricity and other essential services to the
premises of the respondent sub-leased to the petitioner.
(b) A temporary injunction restraining the respondent from stoppage of
full and complete services be provided by the respondent, as agreed
under the maintenance agreement for all the three (3) areas sub-leased
to the petitioner and in the buildings that these premises are located.
(c) Such other Orders or directions as this Hon’ble Court may deem fit
and proper.”
6. Learned Counsel appearing on behalf of the Petitioner, at the outset,
submits that the Notice invoking Arbitration has been sent to the Respondent
on 20.12.2024 by Speed Post (AD) and Email. He seeks to rely upon the
document P-38 which is annexed along with this Petition.
7. The Petitioner is a sub-Lessee and in occupation of three premises
located at (i) 8th Floor, Tower-B, C-28 & 29, Sector 62, Noida, Uttar
Pradesh in respect of 27,933 Sq. ft (ii) Tower A 10 th Floor, C-28 & 29,
Sector 62, Noida, Uttar Pradesh, in respect of 14,333 Sq. ft and (iii) Tower
A, 10th Floor, C-28 & 29 in respect of 13,600 ft [hereinafter collectively
referred to as “subject premises”]. He seeks to rely upon Clause 12 of the
Agreement, which sets out the exclusive jurisdiction for Courts at Delhi as
well.
7.1 Learned Counsel appearing on behalf of the Petitioner submits that
the Petitioner is a well reputed incubator and service provider and has a
large a number of multi-national companies as his clients which are in
occupation of the subject premises.
8. Learned Counsel appearing on behalf of the Petitioner submits that
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the Petitioner has executed three (3) separate sub-Lease Agreements with
the Respondent for each of the premises. The Petitioner has also executed an
Agreement for Maintenance and Services on 30.12.2022 [hereinafter
referred to as “Agreement”] with the Respondent. It is contended that
disputes arose amongst the Petitioner and the Respondent in relation to the
payment of monthly maintenance charges and inter se communication was
exchanged between the parties. However, there is no resolution of those
disputes till today.
8.1 Learned Counsel appearing on behalf of the Petitioner further submits
that Clause 11 of the Agreement is the Arbitration Clause which provides
that all such disputes, except for disputes with regard to cases of
theft/pilferage of electrical energy or interference in meters shall be referred
to Arbitration by a sole Arbitrator.
9. Learned Counsel appearing on behalf of the Petitioner relies on the
Clauses 3.4 and 3.5 of the Agreement. Clause 3.4 states that where there is
any dispute, it is obligatory for the parties to resolve such disputes within the
reasonable time. While Clause 3.5 states that in the event there is a default in
payment of monthly maintenance charges/dues on account of maintenance,
electricity or water, a 7 day notice in writing shall be served prior to
disconnection of the services. Learned Counsel appearing on behalf of the
Petitioner submits that no written notice has been received by the Petitioner
till today.
9.1 Learned Counsel appearing on behalf of the Petitioner contends that
despite the aforegoing, the electricity in the subject premises has been
disconnected by the Respondent.
10. The grievance of the Petitioner is that despite invocation of the
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Arbitration Agreement, no Arbitrator has been appointed, neither have any
steps taken by the Respondent to settle the inter se disputes.
11. It is further contended that from 27.12.2024 onwards and thereafter
from 30.12.2024, there has been no electricity in the subject premises
causing great hardship to the Petitioner and his clients. He further submits
that the Respondent has not complied with the terms of the Agreement and
no advance written notice has been served, as is set out in Clause 3.5 of the
Agreement.
11.1 Learned Counsel appearing on behalf of the Petitioner seeks to rely
upon without prejudice emails dated 27.12.2024 and 28.12.2024 which are
sent to the Respondent asking the Respondent to restore the electrical
connection to submit that these emails have simply not been responded to
despite repeated communications, the Respondent has not attempted to
resolve the disputes between the parties.
11.2 Learned Counsel appearing on behalf of the Petitioner further submits
that in view of the urgency of restoration of electricity in the matter, the
Petition needed to be filed. He also submits that the Petition under Section
11 of the Act will be filed on reopening of the Courts on 07.01.2025. He
also seeks to rely upon an audit report dated 30.12.2024 filed by an external
electrical agency which states that there was no power supply and the power
has been disconnected “from the builder’s end”.
12. The hard copy of these documents have been handed over in the Court
today. The Registry is directed to scan and upload the same so that it
remains embedded in the case file.
13. Learned Counsel appearing on behalf of the Petitioner further seeks to
rely upon the judgment of the Supreme Court in Criminal Appeal No.
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810/2022 captioned Dilip (Dead) Through LRs v. Satish & Ors. to submit
that electricity is a basic amenity and of which a person cannot be deprived.
14. None appears on behalf of the Respondent despite advance service
through email on 31.12.2024. An Affidavit of service has been annexed at
Page 181 along with the Petition.
15. Issue Notice.
16. Given the fact that the electricity is an essential amenity and the fact
that the compliance of Clause 3.5 of the Agreement has not been undertaken
by the Respondent, this Court deems it appropriate to pass interim
directions.
17. Accordingly, the Respondent is directed to forthwith restore the
electrical connection in the subject premises which have been sub-leased to
the Petitioner in terms of Sub-Lease Agreements dated March 21, 2022,
August 6, 2022 and December 30, 2022 details of which are specifically set
out in paragraph 7 above.
18. The compliance under Order XXXIX Rule 3 of the Code of Civil
Procedure, 1908 be done within three days.
19. List before the Roster Bench on 28.01.2025.
20. Parties shall act based on the digitally signed copy of the order.
TARA VITASTA GANJU
(VACATION JUDGE)
JANUARY 3, 2025
g.joshi
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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 06/01/2025 at 21:20:17