Shri Ram Krishan Bharti & Anr vs Bptp Limited on 25 April, 2023

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Delhi High Court - Orders

Shri Ram Krishan Bharti & Anr vs Bptp Limited on 25 April, 2023

Bench: Chandra Dhari Singh

                  $~43
                  *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +    ARB.P. 465/2023

                            SHRI RAM KRISHAN BHARTI & ANR.          ..... Petitioners
                                          Through: Mr.S.C.Singhal, Advocate

                                                versus

                            BPTP LIMITED                                         ..... Respondent
                                                Through:      Nemo

                        CORAM:
                        HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                         ORDER

% 25.04.2023 I.A. No. 7762/2023 (Exemption) Subject to the petitioners filing the clear, original and legible/typed copies of any dim documents on which the petitioners may seek to place reliance, within four weeks from today, exemption is granted for the present.

The application is disposed of.

ARB. P. 465/2023

1. The instant petition under Section11 (6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act') has been filed by the petitioners seeking the following reliefs:

"(a) The termination letter of the respondent dated 11.1.2023 be held as null and void;

(b) The Ld.Arbitrator be also directed to go through the terms and conditions of the agreement dated 5.7.2012 and award pass the award accordingly, the compensation for delay in the project as per Clause 6 of the agreement;

(c) To pay interest to adjudicate the payment of the interest Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:26.04.2023 18:39:37 to the petitioner on amount paid by him;

(d) To hold the demand of the respondent to the tune of Rs.49,65,816/- is illegal and directing the respondent to handover the physical and vacant possession of independent Villa no.12 in Project Park, Elight Premium Park Lands, Faridabad, Haryana after completion of all formalities and transferring the same in favour of the petitioners by valid documents.

(e) Cost of the petition may also be awarded in favour of the petitioners.

(f) Any other further order, which this Hon'ble court may deem fit and proper may also be passed in favour of the petitioners and against the respondent."

2. The learned counsel appearing for the petitioners submitted that they booked an independent villa with the respondent company, i.e., BPTP Ltd. At Faridabad in the year 2009. It is submitted that both, the petitioners and the respondent entered into an agreement dated 5 th July, 2012 (hereinafter referred to as 'the agreement'). It is further submitted on behalf of the petitioners that till the date 5 th September, 2013, the petitioner have paid a total sum of Rs.73,46,956.86 out of the total cost of the villa, i.e., Rs.86,79,447.59. The petitioners have also referred to the letter dated 5th September, 2013 issued by the respondent company to the petitioners regarding the statement of account as on 5th September, 2013 and submitted that as per the said statement of account as on 5th September, 2013 the petitioners have paid approximately Rs.73,00,000/-.

3. The learned counsel appearing for the petitioners submitted that the petitioners wrote several letters to the respondent for handing over the possession of the said villas. However, instead of handing over the Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:26.04.2023 18:39:37 possession of the villa the respondent issued a demand notice dated 12th December, 2022, demanding a sum of Rs.49,65,816/- illegally and unlawfully and also terminated the agreement vide its letter dated 11th January, 2023. The learned counsel appearing for the petitioners further submitted thereafter the petitioners sent a legal notice dated 16th January, 2023 to the respondent invoking the arbitration clause 33 in the agreement for adjudication of the arbitral disputes, however, the said notice has not been replied to by the respondent till date.

4. The learned counsel appearing for the petitioners submitted that in view of the above, the present petition seeking appointment of an arbitrator has been filed by the petitioners for adjudication of the arbitral disputes between the parties.

5. Heard the learned counsel appearing for the petitioners.

6. Issue notice of the petition to the respondent on taking steps by the petitioners within one week, through all permissible modes, including dasti, returnable on 17th May, 2023.

CHANDRA DHARI SINGH, J APRIL 25, 2023 SV/AS Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:26.04.2023 18:39:37

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Delhi High Court - Orders