Delhi HC Refers Warehouse Lease Dispute To Arbitration, Asks Arbitrator To Decide Tenant’s Interim Access Plea, Preferably In 3 Weeks

The petitioner sought urgent interim protection under Section 9 of the Arbitration and Conciliation Act, 1996, concerning its possession, access and operations at a warehouse leased under a registered agreement dated 24 May 2024.

It alleged that the respondent had terminated the lease by notice dated 23 October 2026, demanded outstanding sums and obstructed the petitioner’s use of the premises.

Section 9 of the Arbitration and Conciliation Act, 1996, provides for court-ordered interim measures in connection with arbitration, while Section 17 empowers an arbitral tribunal to grant interim measures.

Section 12 requires an arbitrator to furnish the prescribed disclosure before entering upon the reference.

Both agreements contained arbitration clauses, and the parties agreed to refer their disputes to arbitration; they also agreed to dispense with the preliminary conciliation process and a formal Section 21 notice.

Rather than decide the requested interim protection itself, the Court directed that the Section 9 petition be treated as an application under Section 17, requesting the arbitrator to decide it expeditiously.

The arbitrator was asked to furnish a Section 12 declaration and to endeavour to decide the Section 17 application, constituted from the present petition, preferably within three weeks.