Court Orders Unrestricted Access and Asset Protection Amid Arbitration Proceedings
In a significant legal development, the Delhi High Court, presided over by Justice Om Prakash Shukla, has ordered the appointment of a Sole Arbitrator in the dispute between Amazon Seller Services Private Limited and Goodluck Buildtech Private Limited concerning a lease termination. The court, in its judgment dated 28th September 2026, addressed crucial interim reliefs sought by Amazon under Section 9 of the Arbitration and Conciliation Act, 1996, aimed at ensuring unhindered access to the leased premises and protection of the company's assets.
The dispute arose after Amazon terminated a registered Lease Deed with Goodluck Buildtech, citing unfulfilled obligations by the latter, including failure to provide necessary occupancy certificates and utility connections. The termination was contested by Goodluck Buildtech, which cited force majeure conditions, a claim disputed by Amazon due to the lack of a formal notice under the lease agreement.
Following Amazon's termination notice, attempts to dismantle and remove assets worth approximately Rs. 120 crore from the premises were allegedly obstructed by Goodluck Buildtech, prompting Amazon to seek court intervention for interim protection.
The court's order mandates the appointment of Mr. S. Ravindra Bhat, a retired Supreme Court judge, as the Sole Arbitrator to adjudicate the disputes. The arbitration proceedings will be initiated promptly, with requisite disclosures under Section 12(2) of the Arbitration and Conciliation Act to be submitted within a week of the Arbitrator's appointment.
Furthermore, the court directed the appointment of a Local Commissioner, Mr. Abhishek Kumar Shukla, to conduct a detailed inventory of Amazon's assets at the premises, ensuring their protection and documenting their current condition. This inspection is to be completed within a week, with a report submitted to the Arbitral Tribunal.
The court's decision facilitates Amazon's access to the premises and protects its assets while enabling the continuation of arbitration proceedings. Both parties have been instructed to cooperate fully with the Local Commissioner and adhere to the arbitration process as directed.
Bottom Line :
Section 9 of the Arbitration and Conciliation Act, 1996 - Relief sought for unhindered access to leased premises and protection of assets post-termination of lease deed - Dispute referred to arbitration with appointment of Sole Arbitrator and Local Commissioner for asset inventory.
Statutory provision(s): Arbitration and Conciliation Act, 1996, Sections 9, 12(2), 17
