Full Text
Translation output
HIGH COURT OF DELHI
ARB,P. 37l20rl ASTER INFRAPROJECTS PVT LTD Petitioner
Through: Mr. Anil K Kher, Sr. Adv. with Mr' Siddartha Jain, Advocate
VCTSUS
DEEPTI GUPTA
Through:
Respondent Mr. Rajiv Nayyar, Sr. Adv, with Mr. Aditya Tiwari, Advocate o/o
ARB,P. 37l20rl ASTER INFRAPROJECTS PVT LTD Petitioner
Through: Mr. Anil K Kher, Sr. Adv. with Mr' Siddartha Jain, Advocate
VCTSUS
DEEPTI GUPTA
Through:
Respondent Mr. Rajiv Nayyar, Sr. Adv, with Mr. Aditya Tiwari, Advocate o/o
CORAM:
HON',BLE MR. JUSTICE VIPIN SANGHI
24.08.20LL Reply has been filed by the respondent. I have heard learned counsels for the parties.
The execution of the agreement in question which is styled as an agreement to sell dated 3LI2.2010 is not in dispute. The only submission raised by the learned senior counsel for the respondent is that the said agreement was intended to be a security agreement, and not an agreement to sell. ln my view, that cannot be a ground to oppose the appointment of an arbitrator in terms of clause 19 of the said agreement. lt shall be for the arbitral tribunal to interpret the said agreement and determine t
2011:DHC:6761 u t the inter se disputes between the parties arising out of the said agreement. The existence of disputes between the parties also cannot be denied, as is evident from the notice invoking arbitration issued by the petitioner.
Accordingly, this petition is allowed. I appoint Ms.Justice Rekha
Sharma, Retd. Judge of this Court as the sole arbitrator to adjudicate a l\
{ I tne disputes between the parties.
It is agreed that the fee of the learned arbitrator shall be paid in accordance with the schedule of fee prescribed under the Rules of the
Delhi High Court Arbitration Centre.
Petition stands disposed of. A copy of this order be communicated to the learned arbitrator.
AUGUST 24,2OLL ST SANGHl, J 2011:DHC:6761
24.08.20LL Reply has been filed by the respondent. I have heard learned counsels for the parties.
The execution of the agreement in question which is styled as an agreement to sell dated 3LI2.2010 is not in dispute. The only submission raised by the learned senior counsel for the respondent is that the said agreement was intended to be a security agreement, and not an agreement to sell. ln my view, that cannot be a ground to oppose the appointment of an arbitrator in terms of clause 19 of the said agreement. lt shall be for the arbitral tribunal to interpret the said agreement and determine t
2011:DHC:6761 u t the inter se disputes between the parties arising out of the said agreement. The existence of disputes between the parties also cannot be denied, as is evident from the notice invoking arbitration issued by the petitioner.
Accordingly, this petition is allowed. I appoint Ms.Justice Rekha
Sharma, Retd. Judge of this Court as the sole arbitrator to adjudicate a l\
{ I tne disputes between the parties.
It is agreed that the fee of the learned arbitrator shall be paid in accordance with the schedule of fee prescribed under the Rules of the
Delhi High Court Arbitration Centre.
Petition stands disposed of. A copy of this order be communicated to the learned arbitrator.
AUGUST 24,2OLL ST SANGHl, J 2011:DHC:6761
JUDGMENT