Delhi High Court · 2025

CS(COMM) 645/2023 Page 1 of 6$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CS(COMM) 645/2023 KALYAN JEWELLERS INDIA LTD ......Plaintiff Through: Mr. Arjun Garg, Adv. with Mr. Udit G. Nair, Deputy General Manager of plaintiff/company versus COSMOS INFRABUILD PVT. LTD ......Defendant Through: Mr. Vipin Singh, Adv. along with Mr. Ravinder Gupta, Director of Defendant/company CORAM:HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORAO R D E R% 06.05.2025Disposal of the suit and reference to arbitration 1.The present suit has been filed seeking permanent injunction against the defendant for restraining them from interfering with the use of premises by the plaintiff, till actual refund of security to the plaintiff. 2.Learned counsel for the parties jointly state that they have arrived at an oral understanding with respect to return of possession of the suit property by the plaintiff to the defendant and reference of all monetary claims to arbitration. The authorized representatives of the parties are present in Court and are identified by their counsel. The terms of the oral understanding have been handed over and they request that an order be passed in terms thereof. 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 01/07/2025 at 11:24:52 CS(COMM) 645/2023 Page 2 of 63.Accordingly, with the consent of the parties, the disputes between the parties with regard to the lease deed dated 06.01.2020 and their consequent financial liabilities towards each other is hereby referred for adjudication to arbitration to be presided over by a Sole Arbitrator. The arbitration proceedings will be held under the aegis of Delhi International Arbitration Centre (‘DIAC’), Shershah Road, New Delhi -110503 and subject to its Rules, including as to remuneration of the Sole Arbitrator. The parties agree that remuneration of the Sole Arbitrator will be shared equally between the parties. 4.The Defendant undertakes that it shall furnish an unconditional and irrevocable bank guarantee (‘BG’) in favour of the Plaintiff for a sum of Rs.1.50 crores (Rupees One Crore Fifty Lakhs Only), to be deposited with the Registrar General of this Court, on or before 20.05.2025. The parties agree that the BG will be subject to final orders passed by the Sole Arbitrator in the arbitration proceedings. The parties agree that the Defendant will furnish the said BG initially with a validity of one (i) year and will keep it alive and renewed (from time to time) during the pendency of the arbitration. 5.It is directed that the reference to the Sole Arbitrator includes all disputes arising out of or in relation with the lease deed dated 06.01.2020. For the sake of clarity, it is recorded that these disputes may include, inter alia, the dispute as to the quantum of security deposit liable to be refunded by the defendant to the plaintiff, the plaintiff's claim that it was entitled to rent-free possession of the premises pending refund of the security deposit, the dispute between the parties as to the quantum of reasonable repair or demolition costs to which the defendant may be entitled, the plaintiff's 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 01/07/2025 at 11:24:52 CS(COMM) 645/2023 Page 3 of 6liability towards maintenance charges and the plaintiff's claim for refund of deposits other than the security deposit, and the Defendant's claim for arrears of rent, or any other dispute arising out of the Lease Deed dated 06.01.2020. 6.With the consent of the parties former Judge of this Court Hon’ble Ms. Justice Mukta Gupta [Mobile No. 9650788600] is appointed as the Sole Arbitrator. The learned Arbitrator is requested to file furnish a declaration in terms of Section 12 of the Act of 1996 before entering into the reference and in the event, there is any impediment to the appointment on that count, the parties are given liberty to file an appropriate application in this Court. Appointment of a Local Commissioner7.The parties jointly pray for appointment of Local Commissioner to survey the property in question. It is prayed that the Local Commissioner be directed to survey the suit property and prepare a report, along with photographs and video recording of the physical condition of the suit property. It is stated that parties agreed that the plaintiff will bear the expenses of the said commission, including the remuneration of the Local Commissioner, as fixed by the Court. 8.It is further prayed that the possession of the suit property be permitted to be handed over to the defendant in the presence of the Local Commissioner on conclusion of the aforesaid commission [by the Local Commissioner] on or before 24.05.2025. 9.It is stated that the parties have agreed that the Plaintiff will be entitled to remove any movable fixtures or items belonging to the Plaintiff except one (1) Diesel Genset and two (2) Electric Panel Boards, for which 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 01/07/2025 at 11:24:52 CS(COMM) 645/2023 Page 4 of 6the Plaintiff shall be entitled to raise a claim before the Sole Arbitrator. 10.This Court has considered the request of the parties. It has been put to the parties that keeping in view the nature of the concerns raised and scope of commission proposed, an architect and an advocate be appointed as Joint Local Commissioner(s). The parties are agreeable to the same. 11.Accordingly, Mr. Siddharth Kewalramani, Architect1 and Ms. Mansi Sharma, Advocate2 are hereby appointed as Local Commissioner(s). Subject to the defendant depositing the BG, the Local Commission will be executed preferably between 21.05.2025 and 24.05.2025. a.The Architect Local Commissioner will carry out the inspection of the suit property keeping in view the scope and terms set out of para 8 of this order and will be aided by the Advocate Local Commissioner. b.In addition, the Advocate Local Commissioner will more specifically supervise the peaceful handover and takeover of the possession of the suit property by the defendant from the plaintiff. c.The Local Commissioners will be free to take photographs and video-graph the suit premises for the purpose of the mandate of para 8 of this order. Neither party will interfere in the execution of the commission. 12.The defendant is directed to accept the handover of the possession of the suit premises without prejudice to any rights and contentions, it may have. 13.The fee of each Local Commissioner is fixed at Rs. 1,00,000/-, which will be borne by the plaintiff. The fee will be paid on the same date i.e., on date of execution of commission. The costs of the photographer and the videographer as well as any other costs will be borne by the plaintiff. 1 Mob. No. 9891022238 e-mail ID: [email protected] 2 Mob. No. 9910201722; email: [email protected] 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 01/07/2025 at 11:24:52 CS(COMM) 645/2023 Page 5 of 614.The Local Commission report will be prepared by the Advocate Local Commissioner with the due assistance of Architect Local Commissioner and the report will be placed on record within two (2) weeks. The report will be signed by both the commissioners and shared with the parties through email. The report will be e-filed with the High Court registry and DIAC in a time bound manner as the property will thereafter be put to use by the defendant. The original of the report shall be filed with the DIAC. 15.After the Local Commissioners have filed their report, the defendant will be at liberty to deal with suit property in the manner it deems fit and there is no restraint on the defendant from using the said property. 16.With the consent of the parties this suit stands disposed of in the aforesaid terms. 17.Copy of the order be sent to DIAC and the Sole Arbitrator for information and compliance. Refund of 50% court fees 18.Learned counsel for the plaintiff states that since part of dispute (re: possession) has been amicably settled between the parties and for remaining disputes parties have been referred to arbitration; he prays for partial refund of the Court Fee, since the plaintiff will also have to now incur costs of arbitration fees. 19.Keeping in view the aforesaid proceedings and taking note of the partial settlement arrived between the parties, 50% court fees is directed to be refunded as per Section 16 and Section 16-A of the Court fees Act, 1870. 20.The registry is directed to issue a certificate of refund of 50% Court fees within four (4) weeks in favour of the plaintiff. 21.Pending applications stand disposed of. 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 01/07/2025 at 11:24:52 CS(COMM) 645/2023 Page 6 of 6Compliance 22.List for compliance on 29.05.2025 before the Joint Registrar (J) for confirming deposit of Bank Guarantee and handover of possession. MANMEET PRITAM SINGH ARORA, JMAY 6, 2025/hp Click here to check corrigendum, if any