Birender Kumar vs Imperia Structures Ltd on 22 April, 2024

[Cites 4, Cited by 0]

Delhi High Court - Orders

Birender Kumar vs Imperia Structures Ltd on 22 April, 2024

Bench: Prathiba M. Singh

                                    $~34
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +                                    ARB.P. 483/2024 and I.A. 8195/2024
                                                BIRENDER KUMAR                                                                   ..... Petitioner
                                                                                      Through:                 Ms. Vrinda Bhandari, Mr. Madhav
                                                                                                               Aggarwal,      DHC         LSC.
                                                                                                               (M:9999997369)

                                                                                      versus

                                                IMPERIA STRUCTURES LTD.                                                          ..... Respondent
                                                                                      Through:                 None.

                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                         ORDER

% 22.04.2024

1. This hearing has been done through hybrid mode. I.A. 8195/2024 (for exemption)

2. This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the DHC (Original Side) Rules, 2018.

3. Exemption is allowed, subject to all just exceptions.

4. Accordingly, the applications are disposed of.

ARB.P. 483/2024

5. The present petition has been filed on behalf of the Petitioner- Mr. Birender Kumar under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, '1996 Act') seeking appointment of an arbitrator.

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 25/04/2024 at 20:50:43

6. The present case arises out of a Developer-Investor agreement dated 20th October, 2015 (hereinafter, 'Agreement') entered into between the Petitioner and the Respondent-M/s Imperia Structures Ltd. It is stated that vide the said Agreement, the Petitioner purchased a plot of space admeasuring 300 sq. ft. in the Respondent's project Cyber Business Center, in plot 44-45, KP 5, Greater Noida, for Rs. 15,75,000/-. It is further stated in the petition that as per the Agreement the Respondent was to pay to the Petitioner an assured pre-lease rental of Rs. 12,000/- per month (at rate of Rs. 40 per sq. ft. for 300sq. ft.) for three years. The grievance of the Petitioner is that, as per the Agreement, the pre-lease rental of Rs.40 per sq. feet per month has not been paid. The total dues that have accrued are approximately Rs. 4.32 lakhs @ 12% interest.

7. It is stated that due to the failure of the Respondent to pay the said dues, the Petitioner invoked the arbitration clause on 23rd February, 2024 in terms of Section 21 of the 1996 Act. The arbitration clause in the Agreement reads as under:

"ARBRITRATION

a) That any dispute in the interpretation of any clause of this Memorandum of Understanding shall be referred to the sole arbitration of an Arbitrator to be nominated by the developer whose decision shall be final and binding on both the parties. All the arbitration proceedings shall be carried out in terms of the Arbitration and Conciliation Act, 1996, at New Delhi.

b) Two copies of the Memorandum of Understanding have been prepared, one to be retained by the Developer and other to be retained by the Investor.

c) This Memorandum of Understanding is executed at New Delhi and Courts in New Delhi alone will have 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 25/04/2024 at 20:50:43 the exclusive jurisdiction over this Memorandum of Understanding to the exclusion of all other courts and Memorandum of Understanding shall be set to and construed in accordance with the laws of India."

8. According to Ms. Bhandari, ld. Counsel since the clause contemplates unilateral appointment of an Arbitrator by the developer-Imperia Structures Ltd., in view of the settled legal position in Perkins Eastman Architects DPC and Anr. v. HSCC (India) Limited, (2020) 20 SCC 760., the Court would have to appoint the arbitrator.

9. Issue notice to the Respondent through all modes. The Registry to serve the Respondent at the email address mentioned in the memo of parties.

10. List on 22nd May, 2024.

PRATHIBA M. SINGH, J APRIL 22, 2024 dj/rks 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 25/04/2024 at 20:50:43

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders