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Parveet Singh Gandoak vs Sunworld Residency Private Limited on 7 March, 2023

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                 $~32
                 *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                 +        ARB.P. 262/2023
                          PARVEET SINGH GANDOAK                                  ..... Petitioner
                                             Through:     Mr. Ravinder Singh and Mr. Raveesh
                                                          Gupta, Advocates

                                             versus

                          SUNWORLD RESIDENCY PRIVATE LIMITED                   ..... Respondent
                                             Through:     None

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

                 %                           07.03.2023

                 I.A. 4568/2023 (Exemption)

Exemption allowed subject to just exceptions.

The application stands disposed of.

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

"a. Allow the present Petition and appoint an independent, neutral and impartial Sole Arbitrator, in terms of the Arbitration clause so far as valid and applicable, as contained in the Builder Buyer Agreement dated 06.02.2015 and the provisions of the Arbitration and Conciliation Act, 1996, for adjudication of the disputes which have arisen between the parties to the present petition..."

2. Learned counsel appearing on behalf of petitioner submitted that by way of the instant petition, the petitioner seeks appointment of an independent Arbitrator to adjudicate upon the disputes between the parties that have arisen out of Builder Buyer Agreement dated 6th February, 2015 and the Supplementary Agreement dated 9th February, 2015. It is submitted that the petitioner invoked arbitration vide its Notice invoking Arbitration dated 12th August, 2022 for adjudicating the present issues/disputes between the parties and sought the respondent's consent towards the appointment of an independent individual as the Sole Arbitrator. The said notice was received by the respondent on 16th November, 2022. It is submitted that thereafter, the petitioner invoked the Arbitration clause and sent a notice under Section 21 of the Act, 1996. However, no reply has been received by the respondent yet. It is further submitted that as per Clause 72 of the Contract dated 6th February, 2015, the disputes between the parties are arbitral in nature and a Sole Arbitrator may be appointed by this Court for the redressal of the said disputes.

3. Heard learned counsel for the petitioner and perused the record.

4. On filing PF within a week, issue notice to the respondent through all permissible modes, returnable on 12th April, 2023.

CHANDRA DHARI SINGH, J MARCH 7, 2023 Dy/@k Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:10.03.2023 19:44:17