Mahendra Chugh vs Nitishree Infrastructure Pvt. ...
2017 Latest Caselaw 4533 Del

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 28.08.2017
+        ARB.P. 424/2017
MAHENDRA CHUGH                                                     ..... Petitioner

                            versus

NITISHREE INFRASTRUCTURE PVT. LTD. NOW KNOWN AS
SHOURYAPURAM TOWERS PVT. LTD.        ..... Respondent
Advocates who appeared in this case:
For the Petitioner   :      Ms. Apurva Upmanyu with Mr. Fahad Imtiaz, Advocates.

For the Respondent   :      Ms. Nivedita Jain, Advocate.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                               JUDGMENT

28.08.2017 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner by this petition under Section 11 of the

Arbitration & Conciliation Act, 1996(hereinafter referred to as 'the

Act'), seeks appointment of a sole arbitrator to determine and

adjudicate the disputes and claims between the parties.

2. The petitioner had booked a residential plot with the respondent

Company. As per the petitioner, there were delays in execution of the

project and handing over of possession of the plot booked by the

petitioner, leading to disputes between the parties. The petitioner has,

thus, invoked the arbitration clause and filed this petition.

3. The relevant clause, as contained in the terms and conditions of

the Allotment Rules, is as under:-

"18. That all disputes of disagreements arising out of or in connection with or in relation to this allotment which cannot be amicably settled shall be finally decided as per Arbitration and Conciliation Act, 1996.

19. Delhi Courts alone shall have jurisdiction in all matters arising out/touching and/or concerning this transaction."

4. Learned counsel for the respondent submits that she has no

objection to appointment of an independent Arbitrator.

5. Accordingly, Mr. Kuldip Singh, Former Additional District and

Sessions Judge, (Mobile No.09868237722) is appointed as the sole

Arbitrator to adjudicate the disputes between the parties. This is

subject to the Arbitrator making the necessary disclosure under

Section 12 of the Act of not being ineligible under Section 12(5) of

the Act.

6. The Arbitrator shall adjudicate the claims of the petitioner and

counter-claims, if any, of the respondent.

7. The fee of the Arbitrator shall be as per the Fee Schedule of the

Delhi International Arbitration Centre.

8. The parties are at liberty to approach the learned Arbitrator for

elucidating the necessary disclosures and for further proceedings.

9. The petition is, accordingly, disposed of.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 28, 2017 st