Punjab-Haryana High Court
M/S Abw Suncity vs Rishabh Bhargava And Another on 14 August, 2024
Neutral Citation No:=2024:PHHC:105848
ARB-260-2021 (O&M) & Connected Cases -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
255 ARB-260-2021 (O&M)
Date of Decision: 14.08.2024
M/s ABW Suncity ...Applicant
Versus
Rishabh Bhargava and Another ...Respondents
With
ARB-247-2021 (O&M)
M/s ABW Suncity ...Applicant
Versus
Savitri Suneja ...Respondent
With
ARB-195-2021 (O&M)
M/s ABW Suncity ...Applicant
Versus
Pankaj Gambhir ...Respondent
With
ARB-189-2021 (O&M)
M/s ABW Suncity ...Applicant
Versus
Neeraj Gambhir ...Respondent
1 of 5
::: Downloaded on - 24-08-2024 13:02:51 :::
Neutral Citation No:=2024:PHHC:105848
ARB-260-2021 (O&M) & Connected Cases -2-
With
ARB-262-2021 (O&M)
M/s ABW Suncity ...Applicant
Versus
Om Prakash Kapoor and others ...Respondents
And
ARB-275-2021 (O&M)
M/s ABW Suncity ...Applicant
Versus
Umesh Kumar and another ...Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: - Mr. Gaurav Chopra, Senior Advocate with
Mr. Himanshu Gupta, Advocate and
Mr. Vardaan Seth, Advocate for the applicant
Mr. Vipul Joshi, Advocate for the respondent
(ARB-260-2021, ARB-262-2021, ARB-275-2021,
ARB-247-2021)
Mr. Shobit Phutela, Advocate and
Ms. Sanya Kapoor, Advocate for the respondent
(in ARB-189-2021, ARB-195-2021)
***
JAGMOHAN BANSAL, J. (Oral)
1. As common issues are involved in the above captioned
applications, with the consent of all the parties, the captioned applications are
2 of 5
Neutral Citation No:=2024:PHHC:105848
ARB-260-2021 (O&M) & Connected Cases -3-
hereby disposed of by this common order. The facts for the sake of brevity
and convenience are borrowed from ARB-260-2021.
2. Through instant application under Section 11(6) of the
Arbitration and Conciliation Act, 1996 (for short '1996 Act'), the applicant is
seeking appointment of an Arbitrator.
3. The parties entered into agreement dated 06.01.2010 (Annexure
P-2). There is an arbitration clause in the aforesaid agreement. The execution
of agreement, arbitration clause in the agreement and service of notice under
Section 21 of 1996 Act is not disputed.
4. Learned counsel for the respondents submit that after execution
of conveyance deed, buyers agreement lost its significance. There is no
arbitration clause in the conveyance deed and buyers agreement cannot be
considered. Dispute is with respect to payment of VAT by the applicant at a
later stage. The applicant cannot recover VAT from respondents after
execution of conveyance deed because execution of conveyance deed amounts
to full and final settlement between the parties.
5. This Court while passing judgment dated 12.05.2021 in RA-CR-
25-2021 in ARB-52-2021, M/s ABW Suncity v. Tarun Malik and Others has
adverted aforesaid question and appointed a Sole Arbitrator. The said order
was challenged before Supreme Court by way of SLP which stands dismissed.
6. On being confronted with judgment dated 12.05.2021 passed by
this Court, learned counsels for the respondent expressed their inability to
3 of 5
Neutral Citation No:=2024:PHHC:105848
ARB-260-2021 (O&M) & Connected Cases -4-
distinguish facts of their cases from the facts and law discussed in aforesaid
judgment.
7. Conditions to invoke power conferred by Section 11(6) of 1996
Act stand satisfied, thus, I hereby appoint a sole Arbitrator to adjudicate the
dispute between the parties.
8. Mr. S.C. Goyal, District & Sessions Judge (Retd.), residing at
Flat No.204, Tower 2, Malibu Town, Sector 47, Sohna Road, Gurugram
Mobile No.9813204570 is hereby appointed as a Sole Arbitrator to adjudicate
the dispute between the parties, subject to compliance of statutory
requirements. The learned Arbitrator is requested to comply with mandate of
Section 12 of 1996 Act before proceeding further.
9. Parties are directed to appear before the learned Arbitrator on
date, time and place to be fixed by the Arbitrator at his convenience.
10. The Arbitrator shall be paid fee in accordance with the Fourth
Schedule of the Act, as amended.
11. The Arbitrator is requested to complete the proceedings as per
time limit specified under Section 29-A of the Act.
12. Needless to mention, parties would be at liberty to raise all the
claims/defences/counter claims/pleas before the Arbitrator. Any observation
made hereinabove will not be binding on the learned Arbitrator.
13. Pending application(s), if any, shall stand disposed of.
4 of 5
Neutral Citation No:=2024:PHHC:105848
ARB-260-2021 (O&M) & Connected Cases -5-
14. A request letter along with copy of this order be sent to Mr. S.C.
Goyal, District & Sessions Judge (Retd.).
(JAGMOHAN BANSAL)
JUDGE
14.08.2024
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
5 of 5
