M/S ANKUSH DEVELOPERS PVT.LTD. v. M/S PARY DEVELOPERS PVT.LTD.

18 M/S ANKUSH DEVELOPERS PVT.LTD.(ADP) Petitioner Through: Mr.Raman Kapur,Sr. Advocate with Mr. Saket Sikri, Mr. Mukesh Gupta and Mr. Abhinav Tyagi, Advocates along with Mr. Ankush Aggarwal, A.R.

VERSUS

M/S PARY DEVELOPERS PVT.LTD.(PARY).& ORS. Through: Respondents Mr. Sachin Datta, Sr. Advocate with Mr. Farrukh Khan and Mr. Ateendra 2019:DHC:7651 Saumya Singh,Advocates for R-1 Mr.Vinish Phoghat,Advocate for R-2 Ms.Jagriti Ahuja,Advocate for R-4 Mr. Rajiv Kapur, Ms. Khushboo Kapur, Ms. Shubhangi Rathore and Mr.Sourav Tomar,Advocates for R-5 Mr. Ramesh Babu, Ms. Manisha Singh and Ms. Sanya, Advocates for R-7 + O.M.P.(I) (COMM.)294/2019&LA. 12566/2019 19 M/S ANKUSHDEVELOPERSPVT.LTD.(ADP) Petitioner Through: Mr.Raman Kapur, Sr. Advocate with Mr. Saket Sikri, Mr. Mukesh Gupta and Mr. Abhinav Tyagi, Advocates along with Mr. Ankush Aggarwal, A.R.

VERSUS

M/S PARY DEVELOPERS PVT.LTD.(PARY).& ORS. Through: Respondents Mr. Sachin Datta, Sr. Advocate with Mr. Farrukh Khan and Mr. Ateendra Saumya Singh,Advocates for R-1 Mr.Vinish Phoghat,Advocate for R-2 Ms.Jagriti Ahuja,Advocate for R-4 Mr. Rajiv Kapur, Ms. Khushboo Kapur, Ms. Shubhangi Rathore and Mr.Sourav Tomar,Advocates for R-5 Mr. Ramesh Babu, Ms. Manisha Singh and Ms. Sanya, Advocates for R-7 CORAM: HON'BLE MR.JUSTICE J.R. MIDHA ORDER % 24.09.2019

1. After some hearing,learned counsels for the petitioner and respondent No.1 submit on instructions from their respective competent officers present in Court that a sole arbitrator be appointed by this Court to adjudicate the disputes between the parties.

2. Mr.Justice Manmohan Singh,former Judge ofthis Court is appointed as a sole arbitrator to adjudicate the claims and counter claims between the petitioner and respondent No.1.

3. The learned arbitrator shall ensure the compliance of Section 12 read with Fifth and Sixth Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

4. The fees ofthe arbitrator shall be according to Fourth Schedule ofthe Arbitration and Conciliation Act, 1996.

5. Learned senior counsel for the petitioner submits that he shall file an application under Section 17 ofthe Arbitration and Conciliation Act before the learned arbitrator. Learned counsel further submits that respondent No.l tVi has filed an affidavit in terms of order dated 11 September, 2019 but the affidavit does not disclose the particulars ofthe flats or the amountreceived by respondent No.l for the sale/transfer ofthe flats. It is further submitted that respondent No.l has not filed the statement of account of their bank accounts forthe period ofOCApril,2019onwards.

6. Learned senior counsel for respondent No.l submits that respondent No.l shall file a fresh affidavit in terms ofparas 4 and 5 ofthe order dated 11^^ September,2019 along with statementofbank accounts from the period OL^ April, 2019 onwards before the learned arbitrator on the first date of hearing.

7. Learned senior counsel for respondent No.1 submits thatthe petitioner should not approach the flat buyers as the entire project will be affected by the adverse publicity. Learned senior counsel for the petitioner submits that the petitioner does not intend to obstructthe projectin any manner.

8. These petitions are disposed ofin above terms. Pending applications are disposed of.

9. Copy ofthis order be sent to the learned Arbitrator.

10. Copy of this order be given dasti to counsels for the parties under signature ofCourt Master. » ^ J.R.MIDHA,J. SEPTEMBER 24,2019 rhc