Yassh Deep Builders Llp vs Sushil Kumar Singh on 30 January, 2023

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Delhi High Court - Orders

Yassh Deep Builders Llp vs Sushil Kumar Singh on 30 January, 2023

Bench: Chandra Dhari Singh

                  $~33
                  *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +       ARB.P. 76/2023
                          YASSH DEEP BUILDERS LLP                               ..... Petitioner
                                             Through:     Mr. Karan Luthra, Ms. Aarushi Tiku
                                                          and Mr. Shravan Niranjan, Advocates

                                             versus

                          SUSHIL KUMAR SINGH                                   ..... Respondent
                                             Through:     Mr. Amit Kumar, Advocate

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

% 30.01.2023 I.A. 1544/2023 & I.A. 1545/2023 (Exemptions) Exemption allowed subject to just exceptions.

The applications stand disposed of.

ARB.P. 76/2023

1. The instant petition under Section 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner seeking the following reliefs:

"(i) Appoint an Arbitrator on behalf of the Respondent in terms of Clause 23.1 of the Collaboration Agreement dated 15.05.2018 to adjudicate the disputes between the parties;

(ii) Pass any such other or further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:31.01.2023 19:16:55

2. Learned counsel for the petitioner submitted that the petitioner is a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008 having LLP Identification No. AAM-4745 having its registered office at 477/4 Basai Road, Ram Nagar, Gurugram-122001 and the respondent is the owner of the land admeasuring 94 Kanal and 7 Marla equivalent to 11.79375 acres situated in the revenue estate of village Dhunela, Tehsil Sohna, District Gurugram, Haryana 122001.

3. Learned counsel for the petitioner submitted that the parties had executed a Collaboration Agreement dated 15th May, 2018 with respect to a parcel of land admeasuring 116 Kanal and 6 Marla situated in Village Dhunela, Tehsil Sohna, District Gurugram, Haryana-122001 which was subsequently modified to 94 Kanal and 7 Marla by way of the First Supplementary Collaboration Agreement dated 3rd June, 2019. It is submitted that in terms of the Collaboration Agreement dated 15th May, 2018, the respondent handed over the physical possession of the collaboration property and as a consideration for development rights, the petitioner paid a huge sum of approximated Rs 4.21 Crores to the respondent. On 14th December, 2022, the petitioner received a call from one Mr. Ajay Gupta, Director of Corona Builders Pvt. Ltd. who informed the petitioner that the collaboration property was available for sale in the market. The petitioner was shocked to receive the above information as the petitioner and the respondent had executed a binding Collaboration Agreement in respect of the collaboration property and indefeasible rights had been created in favour of the petitioner including the fact that the Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:31.01.2023 19:16:55 petitioner was in physical possession of the collaboration property.

4. It is submitted that the respondent in collusion with Mr. Balwan Singh, has devised a stratagem to cheat and defraud the petitioner by executing a forged and fabricated Second Supplementary Collaboration Agreement. It is submitted that the petitioner has performed all its obligations under the Collaboration Agreement and paid the consideration of Rs. 4.21 Crores to the respondent. It is submitted that Second Supplementary Collaboration Agreement is a forged and fabricated document created by respondents no. 1 and 2.

5. In view of the above facts and circumstances, learned counsel for the petitioner prayed that an arbitrator may be appointed in terms of Clause 23.1 of the Collaboration Agreement dated 15th May, 2018 to adjudicate the disputes between the parties.

6. Learned counsel for the respondent appears on advance notice. Hence, there is no requirement for issuing formal notice.

7. Learned counsel for the respondent prays for some time to take instructions. Let the needful be done before the next date of hearing.

8. List on 1st February, 2023.

CHANDRA DHARI SINGH, J JANUARY 30, 2023 gs/as Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:31.01.2023 19:16:55

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Delhi High Court - Orders