Meena Mittal v. Sanjeev Gupta & Ors

ORDER %

30.05.2013 The abovementioned petition has been filed by the petitioner under Section 11(5) of the Arbitration and Concihation Act, 1996 for appointment of a sole Arbitrator. Notice was issued to the respondents. Respondents No.l to 5 have been served. Service report of respondent No.6 is awaited. Learned counsel for the petitioner states that the main respondents in the above said matter ai^e respondents No.l to 5. The prayer made in the petition be issued against the served respondents No.l to 5. In view of the statement made by the counsel for the petitioner, respondent No.6 is deleted from the array of the parties. Let the amended memo of parties be filed by the petitioner within one week. The ease of the petitioner is that an agreement to sell dated 8^'' October, 2012 was entered into between the parties. The petitioner and the respondent No.6 have already paid a sum of ?1 crore (Rupees One Crore) as part consideration under the said agreement to sell. Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. The respondents No.1 to 5 assured the petitioner the suit property was free from all charges, liens, liabilities and encumbrances, and there were no dues of any statutory authorities against the said property. It is fuither stated that the respondents claimed that they would have the propeify mutated in then names in the records of the MCD and also arrange the balance documents of title chain well within the time stipulated under the agreement for the balance payment and execution of the sale deed. By letterdated 26^'^ December,2012, the petitionersoughtfulfilmentof the said formalities, the respondents No.1 to 5 disputed their obligation by reply dated28"' December,2012 to produceany such documentand completethe formalities and instead insisted upon the petitioner to make the balance payment. Doubtmg the title of the respondents No.l to 5, the petitioner sent a legal notice dated 23'" January, 2013 calling upon the said respondentsto complete the foimalities and clarify certain discrepancies in the chaiti of title documentswhichwas repliedby replydated30"'January,2013. The petitioner sent another legal notice dated 2"" Febmary, 2013 invoking the arbitration clause contained the agreement to sell and requested to the respondents No.1 to 5 for referring the disputes which had since arisen between the petitioner and the respondents No.l to 5, inter alia, concemuig the claim of the petitioner for damages on account of breach of contract by the said respondents. Despite havuig received the same, the respondents have failed to respond to the same within the stipulated period. Hence, the present petition has been filed. There is an arbitration agreement in existence between the patties and the claims appear to be live from the correspondence placed on record. Since the respondent has failed to appoint an arbitrator within stipulated time, for the reasons stated in the presentpetition,the prayer is allowed. Justice S.N.Aggarwal,a retired Judge of Madhya Pradesh High Court, is appointed as sole Arbitrator to adjudicate upon all the disputes and differencesbetweenthe partiesasmentionedin the petitionin terms of the agreement to sell dated October, 2012. The Arbitrator shall conduct the proceedingsunder the provisionsof the Arbitrationand ConciliationAct, 1996 and shall issue prior notice to the parties before commencingthe proceedings.The arbitrationshallbe takenplaceunderthe aegis of Rules of the Delhi High Court Arbitration Centre. The fees of the Arbitrator be also paid under the said Rules. The petition is disposed of in the above said terms. A copy of this order be communicated to the leamed Arbitrator as well as the Secretaryto the ArbitrationCentreforthwith. Copiesof the same be also given dasti to the leamed counsel for the parties. MAY 30,2013/ka/jk

$-18 * EV THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 161/2013 MEENA MITTAL Petitioner Through Mr.Sanjay Goswami, Adv. versus SANJEEV GUPTA & ORS Respondents Through None CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH