Delhi High CourtArbitration and MediationProperty and Real Estate Law

Delhi HC Refers JW Marriott Aerocity License Dispute To Arbitration, Recording Respondent’s Assurance Of Kitchen Access Until Interim Relief Is Decided

M S Light Lake Enterprises Pvt Ltd & Anr.v.M S Aria Hotels And Consultancy Services Pvt Ltd

Delhi HC Refers JW Marriott Aerocity License Dispute To Arbitration, Recording Respondent’s Assurance Of Kitchen Access Until Interim Relief Is Decided. M S Light Lake Enterprises Pvt Ltd & Anr. vs M S Aria Hotels And Consultancy Services Pvt Ltd. Delhi High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

Whether the parties’ disputes should be referred to arbitration and a sole arbitrator appointed.

The court held

The petition was disposed of by referring the disputes to arbitration before Justice Chander Shekhar (Retd.), under the aegis of DIAC and its rules.

It also directed

The respondent’s undertaking to permit unobstructed access to the 200 sq. ft. kitchen area pending the arbitrator’s decision on interim relief was recorded, and the petition was treated as an application under Section 17.

The petitioners were directed to deposit ₹51,69,376 within four weeks, with the amount and accrued interest to be dealt with as directed by the arbitrator.

All rights and contentions, including arbitrability, preliminary objections, and the merits of claims and counterclaims, were left open.

01Facts

The petitioners filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking, among other reliefs, continued access to a 200 sq. ft. kitchen area in the respondent’s JW Marriott Hotel premises and protection against interference with their possession.

p. 1

The parties had entered into agreements containing arbitration clauses, including an agreement concerning the 200 sq. ft. area.

pp. 2–4

The respondent had terminated the agreement relating to a separate 2,005 sq. ft. space; the immediate access dispute concerned the 200 sq. ft. kitchen area.

p. 4

The respondent consented to appointment of an arbitrator and stated that access to the kitchen area would continue without obstruction until the arbitrator decided the interim application. The respondent claimed arrears of ₹51,69,376, which the petitioners undertook to deposit with the Court without prejudice to their rights.

p. 5

02Issues

i.Whether the parties’ disputes should be referred to arbitration and a sole arbitrator appointed.

p. 5

ii.Whether the petition could be treated as an application under Section 17, with access to the 200 sq. ft. area maintained pending the arbitrator’s decision on interim relief.

pp. 4–5

iii.Whether the claimed arrears should be secured pending determination of the parties’ claims and counterclaims.

p. 5

03Law Applied

Section 9 of the Arbitration and Conciliation Act, 1996, permits a court to grant interim measures before or during arbitral proceedings; Section 17 empowers the arbitral tribunal to grant interim measures.

The parties’ agreements provided for arbitration of unresolved disputes and identified New Delhi as the venue.

pp. 2–4

The Court directed the arbitrator to furnish a declaration under Section 12 before entering the reference.

p. 6

The parties waived the settlement-endeavour and Section 21 notice requirements for the reference.

p. 5

Provisions in the judgment · 4 · Linked ones open on LawLens

Arbitration and Conciliation Act, 1996 Section 9Section 12Section 17Section 21

04Reasoning

The Court recorded the parties’ agreement to refer their disputes to arbitration and their consent to appointment of a former Judge of the Court as sole arbitrator.

p. 5

As a temporary arrangement, the respondent undertook not to obstruct the petitioners’ use and access to the kitchen area until the arbitrator decided the petition, treated as a Section 17 application; the respondent’s rights were reserved.

pp. 4–5

To secure the disputed arrears without deciding liability, the petitioners undertook to deposit ₹51,69,376, to be held in an interest-bearing fixed deposit and released to the rightful claimant only on the arbitrator’s directions.

pp. 5–6

05Holding

The petition was disposed of by referring the disputes to arbitration before Justice Chander Shekhar (Retd.), under the aegis of DIAC and its rules.

p. 6

The respondent’s undertaking to permit unobstructed access to the 200 sq. ft. kitchen area pending the arbitrator’s decision on interim relief was recorded, and the petition was treated as an application under Section 17.

pp. 5–6

The petitioners were directed to deposit ₹51,69,376 within four weeks, with the amount and accrued interest to be dealt with as directed by the arbitrator.

pp. 5–6

All rights and contentions, including arbitrability, preliminary objections, and the merits of claims and counterclaims, were left open.

p. 6
Delhi High Court

Original Court PDF

M S Light Lake Enterprises Pvt Ltd & Anr.vsM S Aria Hotels And Consultancy Services Pvt Ltd

Delhi High Court · November 04, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment