Supreme Court - Daily Orders
Vivek Gupta vs M/S Sunworld Residency Private Limited on 18 March, 2024
Arb.Pet.54/2022
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Arbitration Petition (Civil) No 54 of 2022
Vivek Gupta … Petitioner
Versus
M/s Sunworld Residency Private Limited … Respondent
WITH
Arbitration Petition (Civil) No 57 of 2022
Arbitration Petition (Civil) No 56 of 2022
Arbitration Petition (Civil) No 61 of 2022
Arbitration Petition (Civil) No 62 of 2022
Arbitration Petition (Civil) No 8 of 2023
Arbitration Petition (Civil) No 61 of 2023
ORDER
1 The petitions arise under Section 11(6) of the Arbitration and Conciliation Act 1996.
2 Bearing in mind the arbitration agreement between the parties and the nature of the claim of the flat buyers, we are of the view that a common sole arbitrator may be appointed to adjudicate upon the differences and disputes that have arisen under the flat buyer agreements. It is not in dispute that all the flat buyer agreements contain an arbitration clause.
Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2024.03.20 116:52:39 IST Reason:
Arb.Pet.54/20223 In the circumstances, we appoint Mr K Parameshwar, counsel as sole Arbitrator under the Arbitration and Conciliation Act 1996.
4 The Arbitrator shall fix his fees in terms of Schedule IV of the Arbitration and Conciliation Act 1996.
5 The Arbitration Petitions are accordingly disposed of.
6 Pending applications, if any, stand disposed of.
Arbitration Petition (Civil) No 61 of 2022 1 On the request of Mr Sanjay Bansal, counsel for the petitioner, the Arbitration Petition is dismissed as having been settled out of the Court.
2 The Arbitration Petition is dismissed.
3 Pending applications, if any, stand disposed of.
….....…...….......…………………..CJI. [Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [J B Pardiwala] ..…....…........……………….…........J. [Manoj Misra] New Delhi;
March 18, 2024 CKB 2 Arb.Pet.54/2022 ITEM NO.22 COURT NO.1 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition for Arbitration No.54/2022 VIVEK GUPTA Petitioner(s) VERSUS M/S SUNWORLD RESIDENCY PRIVATE LIMITED Respondent(s) (With IA No.176861/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH ARBIT. PETITION No. 57/2022 (PIL-W) (With IA No.183265/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) ARBIT. PETITION No.56/2022 (PIL-W) (With IA No.181296/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) ARBIT. PETITION No.61/2022 (PIL-W) (With IA No.193182/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) ARBIT. PETITION No.62/2022 (PIL-W) (With IA No.193191/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) ARBIT. PETITION No.8/2023 (PIL-W) (With IA No.26320/2023-APPLICATION FOR RECEIVING CERTIFIED COPIES OF PLEADINGS, DOCUMENTS AND ORDERS) ARBIT.PETITON No.61/2023 (PIL-W) Date : 18-03-2024 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Ms. Garima Jain, AOR 3 Arb.Pet.54/2022 Mr. Sanjay Bansal, Adv. Mr. G.K. Bansal, AOR Mr. Shobhit Garg, Adv.
Ms. Swati Bansal, Adv.
Ms. Vaishali Gupta, Adv. Ms. Ayushi Bansal, Adv. Ms. Nisha Garg, Adv.
For Respondent(s) Mr. Aseem Mehrotra, Adv.
Mr. Sumit Sinha, AOR Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv.
Ms. S. Lakshmi Iyer, Adv. Ms. Lakshmi Iyyer, Adv. Mr. Shashwat Singh, Adv. Mr. E.C. Agrawala, AOR UPON hearing the counsel the Court made the following O R D E R Arbitration Petition (Civil) Nos 54/2022, 57/2022, 56/2022, 62/2022, 8/2023 & 61/2023 1 The Arbitration Petitions are disposed of in terms of the signed order.
2 Pending applications, if any, stand disposed of.
Arbitration Petition (Civil) No 61 of 2022 1 The Arbitration Petition is dismissed in terms of the signed order.
2 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar (Signed order is placed on the file) 4