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High Court of DelhiARB.P./359/2022

Geeta Malik v. Splendor Buildwell Private Limited

2022-04-25Hon'Ble Mr. Justice Sanjeev Sachdeva3 pages

$~4 to 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25th April, 2022 + ARB.P. 358/2022 RAJ LAMBA ..... Petitioner versus SPLENDOR LANDBASE LIMITED ..... Respondent + ARB.P. 359/2022 GEETA MALIK ..... Petitioner versus SPLENDOR BUILDWELL PRIVATE LIMITED ..... Respondent + ARB.P. 360/2022 GEETA MALIK ..... Petitioner versus SPLENDOR LANDBASE LIMITED ..... Respondent + ARB.P. 361/2022 BHART BHUSHAN MALIK ..... Petitioner versus SPLENDOR LANDBASE LIMITED ..... Respondent

+ ARB.P. 362/2022 BHART BHUSHAN MALIK ..... Petitioner versus SPLENDOR BUILDWELL PRIVATE LIMITED ..... Respondent Advocates who appeared in this case:

For the Petitioner:

Mr. Alok K. Agarwal, Mr. Naveen Chawla and Mr. Mayank Bughani, Advocates.

For the Respondent:

Mr. Gaurav Puri, Mr. Sarthak Gupta, Ms. Yashika Verma and Mr. Shashank Mishra, Advocates CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J 1.

Petitioners seek appointment of an Arbitral Tribunal in Arb. Petition 358/2022 pursuant to the arbitration clause contained in MOU dated 21.10.2013; in Arb petition 359/2022 pursuant to arbitration clause contained in MOU dated 01.07.2016; in Arb petition 360/2022 pursuant to arbitration clause contained in MOU dated 29.04.2013; in Arb petition 361/2022 pursuant to arbitration clause contained in MOU dated 02.09.2013 and in Arb .petition 362/2022 pursuant to arbitration clause contained in MOU dated 01.07.20. 2.

Though the disputes are different however, it is contended that

certain common overlapping issues arise, accordingly it is prayed a common Arbitral Tribunal be constituted to adjudicate the respective disputes between the parties.

3.

Learned counsel appearing for the respondent submits that without prejudice, he has no objection to the same, however, the respondent also has counter claims against the petitioner. 4.

Accordingly, with the consent of the parties, Mr. Justice R. K Gauba (Retd) (Mobile No. +91 96504 11919), a former Judge of this Court is appointed as the Sole Arbitral Tribunal. 5.

The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. 6.

Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 25, 2022 so