Delhi High Court - Orders
Vineet Bansal vs M/S Golf Green Infra Private Limited on 9 July, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~6 (2020)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 358/2020
VINEET BANSAL ..... Petitioner
Through: Mr. Virender Goswami, Advocate
with Ms. Soni Singh, Mr. Shamik
Saha, Advocates along with Petitioner
in person.
versus
M/S GOLF GREEN INFRA PRIVATE LIMITED ..... Respondent
Through: Mr. Sidharth Joshi, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 09.07.2021 [VIA VIDEO CONFERENCING]
1. This Court, vide order dated 5th November, 2020, passed the following order :
"I.A. 10115/2020, I.A. 10116/2020 & I.A. 10117/2020
1. Allowed, subject to all just exceptions.
O.M.P.(I) (COMM.) 358/2020
2. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs:-
"a. Restrain the Respondent from cancelling allotment of the Unit being Apartment No. 0501, Fifth Floor, Type: SHIG-2, Block: Florentia having built up area of 2200 sq.ft. allotted to the petitioner in Group Housing Residential Complex known as "Mahagun Mirabella" constructed on plot number: GHP-SC- 01/E2, Sector 79, NOIDA, U.P. by the respondents;
b. Restrain the Respondent from applying any interest or holding charges or any other undue or illegal or unreasonable charges on the petitioner in respect of the Unit allotted to the petitioner apart from the total price conveyed in the allotment letter and charges for registration of tripartite sub lease deed in respect of the Unit until the Project and Unit are duly completed for handing over to the petitioner;
c. Pass ad interim, ex parte injunction in terms of prayer a and b;O.M.P.(I) (COMM.) 358/2020 Page 1 of 3
d. Pass necessary orders granting costs of the proceedings to the Petitioners; and"
3. Learned counsel for the petitioner submits that on 26.08.2013 the petitioner was allotted apartment no. 0501, Fifth Floor, Type: SHIG-2, Block: Florentia in Group Housing Residential Complex known as "Mahagun Mirabella" constructed on plot number: GHPSC- 01/E2, Sector 79, Noida, U.P. by the respondents. As per the terms of the allotment letter and demands raised by the respondent from time to time, the petitioner had by 18.03.2015 paid a sum of Rs. 1,03,48,402/- to the respondent as against the total price of the unit of Rs. 1,56,47,680/-. She submits that even though in terms of the allotment letter, the apartment was required to be handed over to the petitioner within a period of 42 months w.e.f. 31.03.2014 i.e. by 30.09.2017, the apartment was not ready and the respondent kept holding on to the petitioner's amount for these many years and has now vide its e- mail dated 20.10.2020 demanded an exorbitant amount from the petitioner with a threat to cancel the allotment, in case, the said amount is not paid by 05.11.2020.
4. Despite service of advance notice, none appears for the respondent.
5. Having considered the submissions of learned counsel for the petitioner and perused the allotment letter, the impugned e-mail dated 20.10.2020 as also email dated 02.11.2020 sent by the petitioner, it appears that the respondent has failed to deliver the possession of the apartment in time and, therefore, I am of the view that the petitioner has made out a prima facie case and grave and irreparable losses would be caused to the petitioner, if the respondent proceeds to cancel the allotment in terms of its communication dated 20.10.2020.
6. Issue notice to the respondent through all permissible modes including electronic means on the email ID furnished in the memo of parties returnable on 14.01.2021. Reply, if any, be filed within three weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
7. Till the next date, the respondent shall stand restrained from cancelling the allotment of flat no. 0501, Fifth Floor, Type: SHIG-2, Block:
Florentia, Group Housing Residential Complex known as "Mahagun Mirabella" constructed on plot number: GHP-SC- 01/E2, Sector 79, NOIDA, U.P in favour of the petitioner."
2. Today, by way of a separate order in ARB. P. 182/2021, the Court has appointed a Sole Arbitrator to adjudicate the disputes between the parties.
Thus, as the Arbitral Tribunal is being constituted, having regard to sub- section 3 of Section 9 of the Act, the order dated 5th November, 2020, is O.M.P.(I) (COMM.) 358/2020 Page 2 of 3 made absolute and shall continue to operate for a period of eight weeks from today. During this period, the Petitioner shall be free to apply under Section 17 of the Act before the learned Arbitrator, if so advised, seeking continuation/modification of the order dated 5th November, 2020. In case such an application is filed, the order dated 5 th November 2020 shall continue to operate till such time the learned Arbitrator decides the Section 17 application. However, if no application is filed within eight weeks from today, the order dated 5th November 2020, as confirmed today, shall cease to operate.
3. Needless to say, the learned Arbitrator shall decide the application under Section 17, if filed, in accordance with the law, uninfluenced by any observations made in the order dated 5th November, 2020. All the rights and contention of the parties, are left open to be urged before the learned Arbitrator.
4. The petition is disposed of in the above terms.
SANJEEV NARULA, J JULY 9, 2021 nd O.M.P.(I) (COMM.) 358/2020 Page 3 of 3