O.M.P.(I) (COMM.)/127/2025 of RENAISSANCE BUILDCON CO PVT LTD Vs MR. GURVINDER SINGH AND ORS. on 30 September 2026

1. At the outset, learned Counsel for the Petitioner seeks leave to withdraw the present application with liberty to file it again as and when situation arises.

2. Leave and liberty is granted as aforesaid.

3. The application is dismissed as withdrawn.

4. None appears on behalf of Respondent Nos. 1 and 2.

5. In fact, Respondents have not been appearing since the last three hearings.

6. Learned Counsel for the Petitioner submits that the present petition can be disposed of making interim relief absolute granted vide order dated 09.04.2025.

7. The present petition has been filed seeking the following reliefs:

“i. Pass an order restraining Respondent Nos. 1 and 2, their agents, servants, relatives, or any other persons acting for and, on their behalf, from entering upon, interfering with, causing any obstruction, damage, or disturbance to the subject property, i.e., the agricultural land admeasuring 38 Bighas and 18 Biswas (equivalent to 9.73 Acres) bearing Khewat no. 152/176 and Khasra No. 116 (2-11), 115 (5-14), 114 (5-12), 113 (4-0), 112 (3-0), 111 (5-9), 110 (4-0), 1830/102 (5-3), 1832/103/2112 (3-9) situated at Village Rampur Kalan (H.B No.284), Zirakpur-Banur Highway, Mohali, SAS Nagar; and

ii. Pass an order restraining any unknown or unidentified persons, who may or may not be acting in concert with or at the behest of Respondent Nos. 1 and 2, from entering, interfering with, or causing any obstruction, damage, or disturbance to the subject property; and

iii. Pass an order restraining the Respondent No. 1 and 2, their agents, servants, relatives, or any other persons acting for and, on their behalf, from making, printing, or publishing any statement, by any medium whatsoever, with respect to the Petitioner, its directors and personnel and the subject property, i.e., the agricultural land admeasuring 38 Bighas and 18 Biswas (equivalent to 9.73 Acres) bearing Khewat no. 152/176 and Khasra No. 116 (2-11), 115 (5-14), 114 (5-12), 113 (4-0), 112 (3-0), 111 (5-9), 110 (4-0), 1830/102 (5-3), 1832/103/2112 (3-9) situated at Village Rampur Kalan (H.B No.284), Zirakpur-Banur Highway, Mohali, SAS Nagar; and

iv. Direct Respondent No. 3 to provide adequate assistance to the Petitioner and its representatives for protecting the subject property and for ensuring the effective implementation of the orders passed by this Hon'ble Court; and/or

v. Direct Respondent No. 3 to investigate the matter fully and take action against Respondent No. 1 and 2, their agents, servants, relatives, or any other persons acting for and, on their behalf, on account of their illegal actions; and/or

vi. Pass such further or other orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the present case.”

8. It is the case of the Petitioner that it is in possession of the agricultural land measuring 38 bighas and 18 biswas bearing Khewat No. 152/176 and Khasra No. 116 (2-11), 115 (5-14), 114 (5-12), 113 (4-0), 112 (3-0), 111 (5-9), 110 (4-0), 1830/102 (5-3), 1832/103/2112 (3-9) located in Rampur Kalan (H.B. No. 284), Zirakpur – Banur Highway, Mohali, SAS Nagar1.

9. This Court, vide Order dated 09.04.2025, granted interim relief in view of the fact that disputes between the Petitioner and Respondent No. 4 were pending before a sole arbitrator, during which Respondent Nos. 1 and 2 were seeking to dispossess the Petitioner and trespass onto the subject property.

10. By the said Order, this Court directed as follows:

“9. In case interim order is not passed in favour of the petitioner, irreparable loss and injury would be caused to the petitioner.

10. For the said reasons, the parties are directed to maintain status quo with regard to the possession of the subject property till the next date of hearing.

11. The SHO, PS Zirakpur, Punjab will also ensure that the order passed today is complied with.

12. List on 05.05.2025.

13. Dasti under Signature of the Court Master.”

11. Due to non-compliance of the aforesaid Order, the Petitioner approached this Court seeking relief against the wilful disobedience by the Respondent Nos. 1 and 2 by way of CCP(O) 65/2025.

1 “subject property” hereinafter

12. The Petitioner contended that despite the order of this Court directing status quo with respect to the subject property, Respondent Nos. 1 and 2 attempted trespass and Respondent No. 3 failed to act in accordance with the said Order.

13. None appears for the Respondent Nos. 1 to 3. There is no rebuttal to the case set up by the Petitioner.

14. Needless to state, the powers under Section 9 of the Arbitration and Conciliation Act, 19962 are protective in nature and confined to granting interim measures in order to safeguard subject matter and this Court does not finally adjudicate on the issues involved3.

15. In view of the aforesaid, the present petition is disposed of with liberty to the Petitioner to approach the learned Arbitral Tribunal for appropriate relief.

16. The present petition shall be treated as an application under Section 17 of the Act and shall be placed before the learned Arbitrator for consideration and appropriate orders in accordance with law.

17. The interim protection granted by this Court shall continue to operate until the learned Arbitrator considers the application and passes appropriate orders thereon.

18. The Petitioner shall take the necessary steps for appointment of Arbitrator within a period of 45 days from today. It is clarified that, in 2 “Act” hereinafter 3 Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminated Ltd., (2022) 1 SCC 712; Ariat International Inc. v. Sunglass Palace India Pvt. Ltd., 2025 SCC OnLine Del 9488

the event the Petitioner fails to take such steps within the aforesaid period, the interim protection granted by this Court shall stand automatically vacated.

19. The learned Arbitral Tribunal shall consider and decide the application independently and uninfluenced by any observations made by this Court in the present order or in any earlier order passed in these proceedings.

20. It is further clarified that the learned Arbitral Tribunal shall be at liberty to continue, modify, vary, or vacate the interim protection granted by this Court, as it may deem appropriate in accordance with law.

21. Accordingly, the petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.

OM PRAKASH SHUKLA, J SEPTEMBER 30, 2026/pa