Ashirwad Oils (Pvt.) Ltd. v. M. Tech Developers Ltd.

1. Arbitration Petition No. 417 of 2014 under Section 11 (5) of the Arbitration and Conciliation Act, 1996 ('Act') seeks the appointment of an Arbitrator to adjudicate the disputes between the parties arising out of a buyer-seller agreement dated ll"^ October 2008 in terms of which the Arb.P. 1^0. 417/2014 & OMP No. 1025/2014 Page I of[4] 2015:DHC:11693 Petitioner Ashirwad Oils (Pvt.) Ltd. ('AOPL') booked a villa in the housing project ofthe Respondent MTech Developers Ltd. under the name and style of 'Camellia Garden-!', Bhiwadi. It is stated that the Petitioner was allotted Villa No. 42 admeasuring 3,000 sq.ft.

2. OMP No. 1025 of 2014 filed by the Petitioner under Section 9 of the Act seeks interim measures.

3. According to the Petitioner, despite payment of instalments as and when demanded, the Respondent failed to complete the construction within the stipulated time. Alegal notice was issued on 24''' February 2014 seeking the appointment of an Arbitrator. However, the Respondent did not reply to the said notice.

4. It is not in dispute that Clause 49 of the agreement provides for reference ofthe disputes to arbitration. Learned counsel for the Respondent states that without admitting to any of the allegations against Respondent and without prejudice to its rights and contentions, the Respondent is agreeable to the appointmentofan Arbitratorby the Court.

5. As far as the petition under Section 9 of the Act is concerned, the Court finds that a primafacie case is made out in favour of the Petitioner for an Arb.P. No. 417/2014 & OMP No. 1025/2014 Page2o/4 interim order to restrain the Respondent from creating any third party interest or transferring possession of the villa that has been allotted to the Petitioner, during the pendency ofthe arbitral proceedings.

6. Consequently, Arb. P. No. 417 of 2014 is disposed of by appointing Mr. Padam Kant Saxena, retired ADJ, residing at Flat No. 261, Royal Residency, Plot No.5, Sector-9, Dwarka, New Delhi-110077 (Mob. No.9910384668) as sole Arbitrator to adjudicate the disputes between the parties, including their claims and counter-claims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC'). The fees of the learned Arbitrator will be in terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

7. OMP No. 1025 of 2014 is disposed of by directing that during the pendency of the arbitral proceedings, the Respondent is restrained from creating any third party interest by alienating or otherwise transferring the possession of the Villa No. 42 measuring 3,000 sq. ft. at Camellia Garden-I, Bhiwadi. The said interim order would be subject to any variation, modification or clarification by the learned Arbitrator on an application filed by the either party under Section 17 ofthe Act. Arb.P. No. 417/2014 & OMP No. 1025/2014 Page3of[4]

8. A copy of this order shall be delivered to the learned Arbitrator as well as Additional Coordinator, DAG forthwith.

S. MURALIDHAR,J