Bharat Bhushan Malik vs Splendor Landbase Limited
2022 Latest Caselaw 1163 Del

                                      $~4 to 8
                                      *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                      Judgment delivered on: 25th April, 2022

                                      +                     ARB.P. 358/2022
                                      RAJ LAMBA                                       ..... Petitioner
                                                            versus

                                      SPLENDOR LANDBASE LIMITED                      ..... Respondent

                                      +                     ARB.P. 359/2022
                                      GEETA MALIK                                     ..... Petitioner
                                                            versus

                                      SPLENDOR BUILDWELL PRIVATE LIMITED ..... Respondent

                                      +                     ARB.P. 360/2022

                                      GEETA MALIK                                     ..... Petitioner
                                                            versus

                                      SPLENDOR LANDBASE LIMITED                      ..... Respondent

                                      +                     ARB.P. 361/2022

                                      BHART BHUSHAN MALIK                             ..... Petitioner
                                                            versus

                                      SPLENDOR LANDBASE LIMITED                      ..... Respondent


                                      ARB.P. 358/2022 & connected matters                            Page 1 of 3

                                                                                        Digitally Signed
Signature Not Verified                                                                  By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                               SACHDEVA
MAGGU                                                                                   Signing Date:25.04.2022
Signing Date:26.04.2022 13:34:31                                                        22:56
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
                                       +                     ARB.P. 362/2022
                                      BHART BHUSHAN MALIK                                      ..... Petitioner
                                                                 versus

                                      SPLENDOR BUILDWELL PRIVATE LIMITED ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Petitioner:       Mr. Alok K. Agarwal, Mr. Naveen Chawla and Mr.
                                                                Mayank Bughani, Advocates.

                                      For the Respondent:        Mr. Gaurav Puri, Mr. Sarthak Gupta, Ms. Yashika
                                                                 Verma and Mr. Shashank Mishra, Advocates

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                                   JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioners seek appointment of an Arbitral Tribunal in Arb. Petition 358/2022 pursuant to the arbitration clause contained in MOU dated 21.10.2013; in Arb petition 359/2022 pursuant to arbitration clause contained in MOU dated 01.07.2016; in Arb petition 360/2022 pursuant to arbitration clause contained in MOU dated 29.04.2013; in Arb petition 361/2022 pursuant to arbitration clause contained in MOU dated 02.09.2013 and in Arb .petition 362/2022 pursuant to arbitration clause contained in MOU dated 01.07.20.

2. Though the disputes are different however, it is contended that

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:25.04.2022 Signing Date:26.04.2022 13:34:31 22:56 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

certain common overlapping issues arise, accordingly it is prayed a common Arbitral Tribunal be constituted to adjudicate the respective disputes between the parties.

3. Learned counsel appearing for the respondent submits that without prejudice, he has no objection to the same, however, the respondent also has counter claims against the petitioner.

4. Accordingly, with the consent of the parties, Mr. Justice R. K Gauba (Retd) (Mobile No. +91 96504 11919), a former Judge of this Court is appointed as the Sole Arbitral Tribunal.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

6. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 25, 2022 so

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:25.04.2022 Signing Date:26.04.2022 13:34:31 22:56 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.