Delhi High Court Appoints Arbitrator, Local Commissioner In Amazon-Goodluck ₹182.50 Cr. Lease Dispute

The Delhi High Court on 28 September appointed a Local Commissioner to inspect and prepare an inventory of Amazon Seller Services Private Limited's assets lying at premises leased from Goodluck Buildtech Private Limited.

Justice Om Prakash Shukla also appointed former Supreme Court judge Justice S. Ravindra Bhat as sole arbitrator to adjudicate the lease dispute between the two parties, involving an indemnity claim of approximately Rs. 182.50 crore and fixtures and fit-outs stated to be worth around Rs. 120 crore. The Bench observed:

“In view of the parties' mutual consent to refer the dispute forming the subject matter of the present petition to arbitration, this Court considers it appropriate that commencement of arbitral proceedings shall not be delayed.”

The dispute stems from a registered lease deed executed on 27 June 2022 between Amazon and Goodluck Buildtech for Block C at Horizon Urban Logistics Park, Nangli Puna, Alipur, Delhi. Under the lease, Goodluck Buildtech was required to provide “dry Access” by 15 February 2023 and procure the Occupancy Certificate, fire and utility connections.

Amazon claimed that these obligations were not fulfilled on time and terminated the lease on 2 April 2026, invoking an indemnity claim of approximately Rs. 182.50 crore. Goodluck Buildtech disputed the termination, attributing the delay to force majeure. Amazon countered that no notice required under the force majeure clause had been issued.

Following the termination, Amazon began dismantling and removing fixtures and fit-outs stated to be worth approximately Rs. 120 crore. It alleged that Goodluck Buildtech restricted access to the premises, preventing their removal.

Amazon approached the High Court under Section 9 of the Arbitration and Conciliation Act, 1996, seeking unhindered access to remove its assets, uninterrupted utilities and protection against interference. It also sought appointment of a Local Commissioner to inventory the assets.

During the hearing on 28 September 2026, Goodluck Buildtech assured the Court that it would not obstruct Amazon's ingress to and egress from the premises for four weeks. Amazon and Goodluck Buildtech thereafter agreed to waive the contractual and formal procedure and consented to appointment of a sole arbitrator.

The Court therefore appointed Justice Bhat and directed him to enter upon the reference within one week. It appointed Advocate Abhishek Kumar Shukla as Local Commissioner and directed him to inspect the premises within one week, record the physical condition of Amazon's assets and take photographs and videos. Both sides were directed to cooperate and provide unhindered access for the inspection.

Further, the Bench directed the Commissioner to record any objections concerning the inventory or condition of Amazon's assets and submit his report to the arbitral tribunal within one week of the inspection.

It directed that Amazon's Section 9 petition be treated as an interim relief application under Section 17 and decided by the arbitrator within two weeks of entering the reference. It clarified that all objections, including those concerning arbitrability, jurisdiction and holding charges, could be raised before the arbitrator.

Accordingly, the High Court disposed of the petition.

Appearances for petitioner (Amazon Seller Services Private Limited): Senior Advocate Akhil Sibal with Advocates Krishnesh Bapat, Mridul Tiwari, Ravish Kumar, Nidhi Raj Bindra, Siddharth, Bhavya Sehgal and Arjit Mishra.

Appearances for respondents (Goodluck Buildtech Private Limited & Ors.): Senior Advocate Rajiv Nayar with Advocates Abhijit Mittal and Shreyas Maheshwari for Respondent Nos. 1 and 2; Advocates Anukalp Jain and Nishtha Nanda for Respondent No. 3.