Rakhi Jain vs Imperia Structures Limited on 9 February, 2026

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Delhi High Court - Orders

Rakhi Jain vs Imperia Structures Limited on 9 February, 2026

Bench: Subramonium Prasad

                          $~67
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         ARB.P. 257/2026
                                    RAKHI JAIN                                                                             .....Petitioner
                                                                  Through:            Mr. Abhiishek Bhaduri, Advocate.

                                                                  versus

                                    IMPERIA STRUCTURES LIMITED                                                       .....Respondent
                                                 Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                 ORDER

% 09.02.2026 I.A. 3525/2026 & 3526/2026 (Exemption) Allowed, subject to all just exceptions.

ARB.P. 257/2026

1. This is a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996, for appointment of an arbitrator to adjudicate the disputes between the parties which have arisen under a Unit Buyer‟s Agreement.

2. It is stated that under the said Agreement, the particular unit has been allotted to the Petitioner by the Respondent, which is developing an IT Office Complex in Sector-62, Golf Course Extension Road, Gurugram, Haryana, with the name „Imperia Mindspace‟.

3. It is stated that under the Agreement, the Petitioner was promised a certain amount of money as assured returns, starting from 19.11.2016 till the date of possession.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:34:30

4. It is stated that after some initial payments, the Respondent stopped making the payments, due to which the Petitioner approached the Haryana RERA for redressal of its grievances. It is stated that the proceedings before the Haryana RERA were dismissed, with a liberty being granted to the Petitioner for initiating appropriate steps.

5. In the meantime, the Respondent also underwent proceedings under the Insolvency and Bankruptcy Code, 2016 ["IBC"] which have come to an end, meaning that the Respondent has come out of the IBC proceedings.

6. Clause 57 of the Agreement contains the arbitration clause and specifies that the seat of arbitration shall be Delhi.

7. It is stated that since Respondent was not regular in payment of the assured returns as per the Agreement, the Petitioner invoked arbitration under Section 21 of the Arbitration and Conciliation Act, 1996, as per Clause 57 of the Agreement by sending a notice dated 31.10.2025 to the Respondents.

8. Issue notice.

9. On taking steps, let notice be issued to the Respondent through all permissible modes, including dasti.

10. List on 09.04.2026.

SUBRAMONIUM PRASAD, J FEBRUARY 09, 2026 hsk This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:34:30

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Delhi High Court - Orders