Ms Kavita Mittal v. Tirupati Buildings And Offices Private Limited
$~62 & 63 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 625/2025 MS KAVITA MITTAL .....Petitioner Through:
Mr. Vijay K. Singh, Mr. Himanshu Dubey, Advs.
versus TIRUPATI BUILDINGS AND OFFICES PRIVATE LIMITED .....Respondent Through:
Mr. Mukul Chandra, Adv.
+ ARB.P. 626/2025 MS. MEGHA MITTAL .....Petitioner Through:
Mr. Vijay K. Singh, Mr. Himanshu Dubey, Advs.
versus TIRUPATI BUILDINGS AND OFFICES PRIVATE LIMITED .....Respondent Through:
Mr. Mukul Chandra, Adv.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 15.04.2025 I.A. 9473/2025 and I.A. 9474/2025 Exemption is granted subject to all just exceptions. The applicant(s) shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing. The application is disposed of.
ARB.P. 625/2025 and ARB.P. 626/2025
1. These are petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of the Sole Arbitrator for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
adjudication of disputes between the parties arising out of a Lease Agreements dated 25.04.2019.
2. The arbitration clause of the said Agreement is Clause 6 which reads as under:
"6. That any dispute arising out this Lease Agreement shall be decided by way of Arbitration to be conducted by the Sole Arbitrator, who is to be appointed by the Hon'ble High Court of Delhi. The arbitration between the parties will be governed by the provision of Arbitration and Conciliation Act, 1996. The place and seat of arbitration will be New Delhi and the Courts of Delhi will alone have the jurisdiction over the subject matter."
3. As the disputes have arisen between the parties, the petitioner invoked arbitration vide legal notice dated 04.02.2025
4. Issue notice.
5. Mr. Chandra, learned counsel for the respondent accepts notice and has no objection to the petition being allowed as long as the rights and all legal contentions of the parties are left open to be adjudicated by the arbitrator.
6. Since the disputes regarding the similar premises are pending before Mr. Justice G. S. Sistani (Retd. Judge Delhi High Court), with consent of parties, it is directed as under:- (i) Mr. Justice G. S. Sistani (Retd. Judge Delhi High Court) (Mob. No. 9871300034) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.
(ii) The remuneration of the learned Arbitrator shall be in terms of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.
(iii)The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.
(iv)It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the disputes of either of the parties, are left open for adjudication by the learned arbitrator.
(v) The parties shall approach the learned Arbitrator within two weeks from today.
7. The petitions are disposed of in aforesaid terms. JASMEET SINGH, J APRIL 15, 2025/sp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.