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$-5 HIGH COURT OF DELHI
ARB.P.135/2021 & I.A.1077/2021
ANSAL HOUSING LIMITED Petitioner
Through: Mr.Sachin Datta,Senior Advocate with Mr.Vikas Tiwari,Mr.Aamir
Jamal,Mr.Kumar Deepraj and Ms. Khushboo Kapur,Advocates.
ARB.P.135/2021 & I.A.1077/2021
ANSAL HOUSING LIMITED Petitioner
Through: Mr.Sachin Datta,Senior Advocate with Mr.Vikas Tiwari,Mr.Aamir
Jamal,Mr.Kumar Deepraj and Ms. Khushboo Kapur,Advocates.
VERSUS
SAMYAKPROJECTSPRIVATE LIMITED Respondent
Through: Mr.Vivek Kohli,Senior Advocate and Mr.Ayushman Kacker, Advocates.
Through: Mr.Vivek Kohli,Senior Advocate and Mr.Ayushman Kacker, Advocates.
CORAM:
HON'BLE MR.JUSTICE TALWANT SINGH
22.01.2021 The present matter has been taken up for hearing in physical Court.
I.A.No.1077/2021(Exemption)
Allowed,subjectto alljust exceptions.
The application stands disposed of.
22.01.2021 The present matter has been taken up for hearing in physical Court.
I.A.No.1077/2021(Exemption)
Allowed,subjectto alljust exceptions.
The application stands disposed of.
ARB.P.135/2021
This/is a petition under section 11(6) of the Arbitration and
Conciliation Act, 1996 (hereinafter referred to as "the Act") seeking appointment ofsole arbitrator.
It has been submitted by learned senior counsel appearing on behalf of the petitioner that petitioner and the respondent had entered into a
Memorandum of Understanding dated 12.04.2013 for the purpose of development and construction of a commercial/residential complex on a
This/is a petition under section 11(6) of the Arbitration and
Conciliation Act, 1996 (hereinafter referred to as "the Act") seeking appointment ofsole arbitrator.
It has been submitted by learned senior counsel appearing on behalf of the petitioner that petitioner and the respondent had entered into a
Memorandum of Understanding dated 12.04.2013 for the purpose of development and construction of a commercial/residential complex on a
ARB.P.135/2021 Page 1 of3
2021:DHC:4462 plot of land admeasuring 2.60 acres at Sector 83 of Gurgaon Manesar
Urban Complex Master Plan.
As per the petitioner the respondent arbitrarily terminated the said
MoU vide legal notice dated 10.11.2020, although the MoU was irrevocable. The MoU contains an arbitral clause and petitioner has invoked the same vide notice dated 19.12.2020.
Under these circumstances,in view ofthe Clause 21 ofthe MoU,a prayer has been made in this regard to appoint any retired judge of
Supreme Court or of High Court as sole Arbitrator for adjudicating the disputes between the parties emanating from MoU dated 12.04.2013.
Issue notice.
Mr.Ayushman,Advocate accepts notice on behalfofthe respondent.
At the outset, it has been submitted by both the parties thatthey are agreeable that Justice A.K.Sikri, retired judge ofSupreme Court may be appointed as a sole Arbitrator to enter upon and decide the disputes between the parties emanating from MoU dated 12.04.2013.
In view ofthis, Justice A.K. Sikri(Mobile No.9818000300),retired judge ofSupreme Court is appointed as sole Arbitrator with a request to enter upon the reference on 05.02.2021 at 4:00PM.
Both the parties have agreed thatthey shall appear before the learned
Arbitrator either physically or virtually, as may be convenient to the learned Arbitrator. The remuneration and other conditions shall be governed by the rules framed by the Delhi International Arbitration Centre
(DIAC).
2021:DHC:4462 plot of land admeasuring 2.60 acres at Sector 83 of Gurgaon Manesar
Urban Complex Master Plan.
As per the petitioner the respondent arbitrarily terminated the said
MoU vide legal notice dated 10.11.2020, although the MoU was irrevocable. The MoU contains an arbitral clause and petitioner has invoked the same vide notice dated 19.12.2020.
Under these circumstances,in view ofthe Clause 21 ofthe MoU,a prayer has been made in this regard to appoint any retired judge of
Supreme Court or of High Court as sole Arbitrator for adjudicating the disputes between the parties emanating from MoU dated 12.04.2013.
Issue notice.
Mr.Ayushman,Advocate accepts notice on behalfofthe respondent.
At the outset, it has been submitted by both the parties thatthey are agreeable that Justice A.K.Sikri, retired judge ofSupreme Court may be appointed as a sole Arbitrator to enter upon and decide the disputes between the parties emanating from MoU dated 12.04.2013.
In view ofthis, Justice A.K. Sikri(Mobile No.9818000300),retired judge ofSupreme Court is appointed as sole Arbitrator with a request to enter upon the reference on 05.02.2021 at 4:00PM.
Both the parties have agreed thatthey shall appear before the learned
Arbitrator either physically or virtually, as may be convenient to the learned Arbitrator. The remuneration and other conditions shall be governed by the rules framed by the Delhi International Arbitration Centre
(DIAC).
ARB.P.135/2021 Page2of3
The learned Arbitrator shall make declaration under Section 12 of the Act. Both the parties have agreed that seat of Arbitration shall be at
Delhi.
The petition is disposed ofin the above terms.
Copies ofthe order be sentto learned Sole Arbitrator atthe earliest.
The copies ofthe order be also provided electronically to both the counsel.
TALWANT SINGH,J JANUARY 22,2021 mr Click here to check corrigendum,ifanv
The learned Arbitrator shall make declaration under Section 12 of the Act. Both the parties have agreed that seat of Arbitration shall be at
Delhi.
The petition is disposed ofin the above terms.
Copies ofthe order be sentto learned Sole Arbitrator atthe earliest.
The copies ofthe order be also provided electronically to both the counsel.
TALWANT SINGH,J JANUARY 22,2021 mr Click here to check corrigendum,ifanv
ARB.P.135/2021
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JUDGMENT