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Delhi High Court
T.A. Realtech Pvt. Ltd vs Amit Agrawal & Ors on 6 April, 2026
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 06.04.2026
+ O.M.P.(I) (COMM.) 147/2026 & I.A. 9159/2026 (For
Exemption)
T.A. REALTECH PVT. LTD. .....Petitioner
Through: Mr. Rakesh K. Khanna, Senior
Advocate along with Mr. Rahul
Sharma, Ms. Alka Agrawal,
Mr. Yuvraj Sharma, Ms. Shruti
Agrawal and Ms. Arushi Jindal,
Advocates.
versus
AMIT AGRAWAL & ORS. .....Respondents
Through: Mr. Nalin Kohli, Senior
Advocate along with Mr. Vinit
Trehan, Ms. Urvi Syal, Mr.
Yash Srivastava, Ms. Bhumi
Agarwal and Mr. Ayuushman
Aroraa, Advocates.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
% JUDGEMENT (ORAL)
HARISH VAIDYANATHAN SHANKAR, J.
1. The present Petition has been filed under Section 9 of the
Arbitration and Conciliation Act, 19961 seeking the following
reliefs:
".....
a) Restrain Respondent No. 1, Respondent Nos. 2 and 3, their
Act
O.M.P. (I) (COMM) 147/2026
18:24:30
directors, agents, assigns or any person claiming through or under
them, from selling, transferring, alienating, encumbering, parting
with possession of, or creating any third-party rights in respect of
the land bearing Khasra No. 1251 (ka) and 1252 (ka), Tehsil
Mohan Lal Ganj, Lucknow, save and except strictly in accordance
with the procedure
b) and mechanism prescribed under Clause 2.3.2 of the Memorandum
of Understanding dated 07.01.2025, pending commencement and
conclusion of arbitral proceedings; and/or
c) Direct the Respondents to maintain status quo with respect to title,
possession, nature and character of the subject land during the
pendency of arbitral proceedings;
d) Grant ad-interim ex parte relief in terms of prayers (a) and (b)
above in view of the imminent threat of further alienation;
e) Pass such other and further orders as this Hon'ble Court may deem
fit and proper in the interest of justice and in aid of the arbitral
proceedings."
2. The present disputes are stated to have arisen out of a
Memorandum of Understanding dated 07.01.20252, which contains
a dispute resolution clause, being Clause 8 of the MoU, which is
reproduced hereunder for ready reference:
"8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 This Agreement shall be governed by and construed in
accordance with the laws of Uttar Pradesh India. Any disputes
arising out of or in connection with this Agreement shall be subject
to the exclusive jurisdiction of the courts located in New Delhi,
India.
8.2 Any disputes arising out of or in connection with this
Agreement shall be resolved through
arbitration/mediation/courts],with the venue at New Delhi.
The arbitration shall be conducted by a sole arbitrator, who shall be
appointed by mutual consent of the parties within 30 days from the
date of the written notice requesting arbitration. In case the parties
cannot agree on an arbitrator, the Indian Council of Arbitration
shall appoint the arbitrator(s)or the competent.
⍰BindingDecision:
The decision of the arbitrator(s) shall be final and binding on all
parties. The arbitrator(s) shall have the authority to award any
MoU
O.M.P. (I) (COMM) 147/2026
18:24:30
remedies available under the applicable laws, including but not
limited to damages, specific performance, or injunctive relief."
3. After advancing some arguments, learned senior counsel
appearing for the parties submit that they are ad idem that the disputes
between them be referred to arbitration and that Hon'ble Mr. Justice
Dr. S. Muralidhar (Retd.) be appointed as the learned Sole
Arbitrator.
4. Since the parties have mutually consented to adjudication of
their disputes by way of Arbitration and to the appointment of a Sole
Arbitrator, this Court is of the view that the commencement of arbitral
proceedings should not be unduly delayed.
5. Accordingly, in the peculiar facts of the present case, the
requirement of issuance of a notice under Section 21 and initiation of
separate proceedings under Section 11 of the Act is dispensed with.
6. In view thereof, this Court is of the view that the matter may be
referred to arbitration by a Sole Arbitrator for the purpose of the
resolution of disputes between the parties.
7. Accordingly, this Court hereby requests Hon'ble Mr. Justice
(Retd.) Dr. S. Muralidhar, former Chief Justice of Orissa High
Court (Mobile No. 9810977175), to enter upon the reference and
adjudicate the disputes inter se the parties.
8. The arbitration would take place under the aegis of the Delhi
International Arbitration Centre3 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.
9. The learned Sole Arbitrator may proceed with the arbitration
DIAC
O.M.P. (I) (COMM) 147/2026
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proceedings, subject to furnishing to the parties the requisite
disclosures as required under Section 12(2) of the Act within a week
of entering the reference.
10. All rights and contentions of the parties are kept open, to be
decided by the learned Sole Arbitrator on their merits, in accordance
with law.
11. Needless to state, nothing in this order shall be construed as an
expression of opinion of this Court on the merits of the controversy.
12. Accordingly, the present Petition under Section 9 of the Act
shall be treated as an Application under Section 17 of the Act, and
appropriate directions may be passed by the learned Arbitrator after
entering upon the reference.
13. Learned senior counsel appearing for the Respondents has
raised objections with respect to the maintainability of the present
proceedings. This Court is of the view that such objections as are
available under law may be considered by the learned Arbitrator. Till
such time as the learned Arbitrator considers the Application under
Section 17 of the Act, the parties shall maintain status quo with
respect to the subject property, having regard to the stated transaction
value of Rs. 13.63 crores.
14. The parties are at liberty to raise all objections, including with
respect to the jurisdiction of the learned Arbitrator, before the learned
Arbitral Tribunal.
15. The Registry is directed to send a copy of this order to the
learned Arbitrator through all permissible modes, including through e-
mail within a period of three days from today.
16. The present Petition, along with pending Application(s), if any,
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18:24:30
stands disposed of in the aforesaid terms.
HARISH VAIDYANATHAN SHANKAR, J.
APRIL 06, 2026/tk/kr
O.M.P. (I) (COMM) 147/2026
18:24:30
