Prithvi Raj v. Spire Techpark Private Limited

1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the A&C Act”) seeks appointment of a sole arbitrator to adjudicate the disputes between the parties.

SACHIN DATTA, J. (ORAL)

2. The petitioner made an application to the respondent company for allotment of space/unit in its project and in furtherance of the said application, an agreement dated 24.07.2012 was executed between the parties, whereby, the petitioner acquired the leasehold rights to space/unit measuring 1000 square feet in Information Technology Park named “SpireTec” at Plot No. TZ-13A, Sector Tech Zone, GNIDA, Gautam Budh Nagar, U.P. valid till 31.12.2096.

3. Pursuant to the said agreement, the respondent offered notional possession of unit nos. T1-R 0208B and T1-R 0208A on floor no. FL02 in tower Tec-1 to the petitioner on 31.07.2015 in the project which was now renamed from “SpireTec” to “World Trade Center, Noida”. However, through a letter dated 19.09.2015, the respondent informed the petitioner that the units allotted to the petitioner were now replaced with unit nos. T1-L 0605B and T1-L 0606A on floor no. FL06 in tower Tec-1 with additional charges.

4. Thereafter, a Deed of Accession dated 19.11.2015 was executed between the petitioner and IL & FS Trust Company Limited, whereby, the right to rent out the units as well as the right to receive the rent on the petitioner’s behalf was assumed by the Trust named “FL06TEC[1] TRUST”, and IL & FS Trust Company Limited was appointed the Trustee by virtue of the Trust Deed Dated 23.05.2015.

5. Subsequent to the said Deed of Accession, a Tripartite Sub-Lease Deed dated 22.09.2016 was executed between Greater Noida Industrial Development Authority (GNIDA) as the ‘Lessor’ and M/s. Sundaram I. T. Parks Private Limited as ‘Lessee’ which was represented by the authorized signatory of the respondent company, and the petitioner as the “sub-lessee”, whereby, the petitioner purchased the concerned units for the consideration.

6. Subsequently, a Memorandum of Understanding (‘MoU’) was executed between the petitioner and the respondent, whereby, the respondent undertook to pay to the petitioner “Commitment Charges” to the tune of Rs.40/- per square foot with effect from 01.08.2015 till 31.07.2018 i.e., for a period of 36 months.

7. The disputes between the parties have arisen with regard to the entitlement of the petitioner to receive rent from the respondent. Disputes have also arisen on account of certain demands being raised by the respondent on the petitioner.

8. Admittedly, the MoU between the parties contains a dispute resolution clause as under:- "Article 9

9. Learned counsel for the respondent does not dispute the existence of the arbitration agreement between the parties. She accedes to the appointment of an independent sole Arbitrator by this Court to adjudicate the disputes between the parties. Dispute Resolution 9.[1] Rights and obligations of parties arising from or concerning this MOU shall be construed and enforced in accordance with the laws of India. 9.[2] In case of any dispute between the parties hereto (including their successors) concerning this MOU or matters arising there from, same shall be adjudicated by way of arbitration, which shall be conducted by an arbitrator nominated / appointed by developer. Arbitration shall be held at New Delhi. 9.[3] Subject to arbitration clause, for all legal matters between the developer and allottee, Courts/Tribunals/Forums at New Delhi shall have the exclusive jurisdiction. "

10. Accordingly, with the consent of the parties, Ms. Shreya Vedantika Mehra, Advocate (Mob. No. +91 9910027557) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

11. The learned Sole Arbitrator may proceed with the arbitration proceedings, subject to furnishing to the parties, requisite disclosures as required under Section 12 of the A&C Act.

12. The learned Sole Arbitrator shall be entitled to fee in accordance with the IVth Schedule of the A&C Act; or as may otherwise be agreed to between the parties and the learned Sole Arbitrator.

13. The parties shall share the arbitrator’s fee and arbitral cost, equally.

14. All rights and contentions of the parties in relation to the claims/counter claims are kept open, to be decided by the learned Sole Arbitrator on their merits, in accordance with law.