Deepak Gambhir vs. Ms Ajayvision Education Private Limited & Ors.
Original PDF →No AI summary yet for this judgment.
Cause title — parties, addresses and appearances
O R D E R %
2026
The instant petition under Section 9 of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner with the following prayers:- “ a) Direct the Respondents to forthwith deliver to the Petitioner vacant, peaceful, physical possession of the entirety of the Demised Premises, namely the property bearing No. 34, Pusa Road, Karol Bagh, New Delhi - 110005, comprising the Basement Floor, Stilt Parking Floor, Ground Floor, First Floor, Second Floor, Third 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 28/09/2026 at 11:34:31
Floor and Roof, together with all keys, access cards and codes, appurtenances and fixtures installed by the Petitioner, in working condition; and (b) In addition to prayer (a) and without prejudice thereto, direct the Respondents, jointly and severally, to pay to the petitioner a sum of Rs.3,45,24,290/- (Rupees Three Crore Forty-Five Lakh Twenty-Four Thousand Two Hundred and Ninety Only), being the crystallized arrears of lease rent and GST for January 2026 to June 2026, net of the tax deducted at source since deposited, together with contractual interest thereon as on 31.08.2026 and further direct the Respondents to continue to deposit with this Hon'ble Court, or to pay to the Petitioner, agreed occupation charges pendente lite @ 4,00,0001- per day with effect from 01.07.2026 in terms of clause 22 read with clause 20 of the lease deed; and (c) In addition to prayer a) and b) and without prejudice thereto, direct the Respondents, jointly and severally, to secure the entirety of the Petitioner's claim quantified at Rs.19,36,67,290/- (Rupees Nineteen Crore Thirty-Six Lakh Sixty-Seven Thousand Two Hundred and Ninety only) as on 31.08.2026, together with amounts continuing to accrue, by deposit with the Registrar General of this Hon'ble Court or by furnishing an unconditional and irrevocable bank guarantee of a scheduled commercial bank in the said sum; and (d) On failure of the Respondents to comply with the direction at prayer (b) and (c) direct the attachment before award, to the extent of the amounts aforesaid in prayer (c), ofthe bank accounts of Respondent No.1 maintained with HDFC Bank Limited and with such other banks and financial institutions as may belong to the respondent no. 1, and of the movable and 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 28/09/2026 at 11:34:31
immovable assets of Respondent No.1, including the equipment, installations, furniture,' fixtures, fittings, computers, servers, library and other movable property lying in or upon the Demised Premises, the immovable properties of Respondent No. 1 more particularly described in paragraph 32 above, namely (i) Flat No. 101 and Professional Office No. 101 on the First Floor and Flat Nos. 301 and 302 and Professional Office No. 302 on the Third Floor, Mithila Apartment, C.T.S. No. 1485, Sadashiv Peth 1Navi Peth, Pune - 411030; (ii) Flat No. 301, Third Floor, Building A, The Balmoral Estate, Survey No.117 (part) and 118, Hissa Nos. 1, 2 and 3/5, Baner, Taluka Haveli, District Pune411045; (iii) the property at Mohalla Rajendra Nagar, Pargana Orai, M.C. Nos. 141/24, 141/25 and 4136, Jalaun, Uttar Pradesh - 285001; (iv) Unit OMC 2107, 20th Floor, Tower C, One Midtown, 15 Shivaji Marg, New Delhi - 110015; and (v) Shop No. 109, Ground Floor, "Apex Mall", Plot No. MP-l, Greater Kailash, Lalkothi, Tonk Road, Jaipur - 302015, in each case subject to the subsisting charges thereon; and the trade-marks, brands, domain names, course content and other intellectual property of Respondent No. 1 including the marks "VisionIAS" and "Galaxy Classes"; and (e) On failure of the Respondents to comply with the direction at prayer (b) and (c) direct the attachment before award, to the extent of the amounts aforesaid in prayer (c), of the personal bank accounts and of the movable and immovable assets of Respondent Nos. 2 and 3, in their individual and personal capacities, in terms of Clause 16(xxi) of the Lease Deed dated 28.02.2023; and (f) Restrain the Respondents, whether by themselves or through their directors, officers, servants, agents, employees, representatives, assigns or any person claiming through or under them, by an order and 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 28/09/2026 at 11:34:31
decree of injunction, from in any manner selling, transferring, alienating, assigning, encumbering, charging, mortgaging, hypothecating, creating any third-party rights in, or otherwise dealing with or parting with possession of their assets, whether movable or immovable, including the fee receivables and bank balances of Respondent No.1 over which the Petitioner has and has asserted a contractual lien in terms ofClause 9 read with Clause 22(e) of the Lease Deed dated 28.02.2023, save to the extent of the amounts secured pursuant to prayers (a) to (d) above and further restrain the respondents from directly or indirectly interested, from diverting, transferring or routing to any such entity the students, enrolments, fee receivables, course content, faculty, goodwill, trade marks or business of Respondent No. 1; and (g) Direct each of the Respondents to file, on affidavit, within such time as this Hon'ble Court may fix, a full, true and complete disclosure of all their assets, whether movable or immovable, tangible or intangible, wherever situate, including a statement of all bank accounts, fixed deposits, investments, receivables and interests in other body corporates in such form as this Hon'ble Court may direct;”
The facts of the case reveal that Respondent No.1 approached the Petitioner with an intention to take the property bearing No. 34, Pusa Road, Karol Bagh, New Delhi - 110005, admeasuring approximately 1333 sq. yds. comprising of basement floor, stilt parking floor, ground floor, first floor, second floor, third floor and roof on lease.
It is stated that a Lease Deed dated 28.02.2023 registered on 04.03.2023 before the Sub-Registrar III, Delhi was entered into between the Petitioner and the Respondent No.1 wherein the demised premises were 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 28/09/2026 at 11:34:31
leased to Respondent No.1 for carrying out the business of commercial coaching institute under the name and style of “Vision IAS” for a period of 15 years commencing from 01.05.2023 till 30.04.2038 on a monthly rent of Rs.45,00,000/- plus GST, escalating by 15% at the completion of every block of three years.
It is stated that Respondent No.1 paid rent precisely at the agreed rates in terms of the lease deed till the month of December, 2025. It is stated that in the year 2025, Respondent No.1 started making default in making the timely payment of monthly rent to the Petitioner. It is stated that the Respondents unequivocally acknowledged the arrears of rent through various communications and attributed the same to their own financial difficulties and sought successive indulgences.
It is stated that the Petitioner issued a Note of Termination dated 15.06.2026 terminating the lease in terms of Clause 18 of the Lease Deed and called upon the Respondent to deliver vacant, peaceful physical possession within 15 days.
It is pertinent to mention that the Petitioner has also issued a notice dated 18.07.2026 under Section 21 of the Arbitration & Conciliation Act invoking arbitration.
It is stated that since the Respondents have neither paid the arrears of rent nor vacated the premises, the Petitioner has approached this Court by filing the present petition.
Learned Counsel for the Respondents appears on advance notice.
Accordingly, this Court is inclined to appoint Justice Vineet Saran, former Judge of the Supreme Court of India, (Mob: 7897420209) as the Sole Arbitrator to adjudicate the disputes between the parties. 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 28/09/2026 at 11:34:31
The present petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 would be treated as one under Section 17 of the Arbitration and Conciliation Act, 1996 and the same shall be decided within four weeks from the date of entering reference.
The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering reference.
It is expected the learned Sole Arbitrator will decide the application under Section 17 on the merits of the case, contentions raised by both sides and documents adduced by both sides without being influenced by this Order.
Needless to state, all the other rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Sole Arbitrator on their merits, in accordance with law.
With these observations, the petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 16, 2026 hsk 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 28/09/2026 at 11:34:31
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.