Delhi High Court - Orders
Shri Rachit Chawla vs Bptp Limited Through Its Director & Anr on 23 November, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 904/2023
SHRI RACHIT CHAWLA ..... Petitioner
Through: Mr.Shiv Charan Garg and Mr.Imran
Khan, advts.
versus
BPTP LIMITED THROUGH ITS DIRECTOR & ANR.
..... Respondents
Through: Mr.Kaushik Poddar and Ms.Janvi
Moondhra, Advts.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 23.11.2023 By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the „A&C Act‟), the petitioner seeks appointment of Arbitral Tribunal comprising of a sole arbitrator, to adjudicate the disputes between the parties.
Learned counsel for the petitioner submits that the parties had entered into a Builder Buyer Agreement dated 11.07.2017, which has duly been stamped. It is submitted that Clause 32 of the said agreement contains an arbitration clause, which reads as under:
"All or any disputes arising out of or touching upon or in relation to the terms of this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be adjudicated upon and settled through Arbitration 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 25/11/2023 at 05:24:53 by the sole Arbitrator. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 or any statutory amendments/modifications thereto for the time being in force. The Arbitration proceedings shall be held at an appropriate location in New Delhi by a Sole Arbitrator who shall be appointed by the Managing Director of the Seller/Confirming Party i.e., BPTP Limited and whose decision shall be final and binding upon the Parties The Purchaser(s) shall not raise any, objection on the appointment of sole Arbitrator by the Seller/Confirming Party. The Purchaser(s) hereby confirms and agrees that he/she/it shall have no objection to this appointment even if the person so appointed as the sole Arbitrator, is an employee or advocate of the Seller/Confirming Party or is otherwise connected to the Seller/Confirming Party and the Purchaser(s) confirms that notwithstanding such relationship/connection, the Purchaser shall have no doubts or objections to the independence or impartiality of the said sole Arbitrator. "
Learned counsel submits that as per arbitration clause, the seat of arbitration is at New Delhi. It has been submitted that the arbitration has duly been invoked vide notice dated 22.05.2023.
Learned counsel appearing for the respondent, on instructions, submits that the answering respondent submits that the petitioner has already initiated the proceedings under RERA, therefore Arbitrator may not be appointed. However, learned counsel for the petitioner makes a statement at bar that if an arbitrator is appointed, the petitioner will not pursue the proceedings before RERA.
In view of the submissions made, Justice G.P.Mittal, the former Judge of this court is appointed as a sole arbitrator.
Considering that both the parties have consented to the reference to the arbitral tribunal, the present petition is disposed of with the following directions:
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 25/11/2023 at 05:24:53
i) The disputes between the parties under the said agreement are referred to the arbitral tribunal consisting a sole arbitrator.
ii) As agreed between the parties, Justice G.P.Mittal, the former Judge of this court is appointed as a Sole Arbitrator.
iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the 'DIAC') or as agreed, between the parties. The remuneration of the learned Arbitrator shall be in terms of Schedule IV of the A&C Act or as the parties may agree.
iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering the reference.
v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.
vi) The parties shall approach the learned arbitrator within two weeks from today.
However, it is directed that till the matter is considered by the learned Arbitrator, the respondent shall not create any third-party interest in respect of property bearing No. D-20, Amstoria, Sector-102, Gurugram, Haryana.
However, learned arbitrator is requested to issue directions independent of the order passed by this court.
The petition is disposed of in the above terms.
DINESH KUMAR SHARMA, J NOVEMBER 23, 2023/rb/ht 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 25/11/2023 at 05:24:53