M/S Standard Brands Limited v. Sh. Devender Singh
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 687/2025 M/S STANDARD BRANDS LIMITED .....Petitioner Through:
Mr. Suryansh Vashisth and Mr.
Akshay Srivastava, Advocates.
versus SH. DEVENDER SINGH .....Respondent Through:
Mr. Jaideep Malik, Mr. Nitesh Dhankar and Mr. Nitin Kumar, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 25.08.2025 1.
This petition is filed on behalf of the Petitioner under Section 11(6) of Arbitration and Conciliation Act, 1996 ('1996 Act') seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties. 2.
Disputes between the parties emanate out of an Agreement to Sell dated 15.07.2021. As per the Petitioner, Respondent agreed to purchase property bearing different Kila numbers, as detailed in the petition, situated in revenue estate of Village Itmadpur Tehsil, Sector-31, Faridabad, Haryana and paid certain sums of money from time to time towards part consideration. Respondent, however, failed to pay the balance sale consideration for which a Supplementary Agreement was executed on 31.10.2023 envisaging extension of time for payment. Even thereafter, balance payment was not made and Petitioner issued a notice dated 17.05.2024 terminating the Agreement to Sell and forfeiting the EMD. ARB.P. 687/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 13:13:44
3.
It is further averred that Petitioner filed a petition under Section 9 of the 1996 Act in this Court being OMP (I) COMM No. 47/2025 for restraining the Respondent from creating third party rights in the subject property. During the pendency of the petition, Petitioner sent invocation notice dated 14.02.2025 under Section 21 of the 1996 Act for appointment of Arbitrator by mutual consent but there was no response. 4.
On 18.08.2025, learned counsel for the Respondent had sought time to revert back with instructions for appointment of an Arbitrator. Learned counsel informs the Court that Respondent is agreeable to this Court appointing a sole Arbitrator to adjudicate the disputes. 5.
Accordingly, with the consent of the parties, Mr. Justice Badar Durrez Ahmed, former Chief Justice of Jammu and Kashmir High Court, (Mobile No.7042205786) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. Fee of the Arbitrator shall be fixed as per Fourth Schedule of 1996 Act, as agreed between the parties. 6.
Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.
7.
It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open.
8.
Petition is disposed of in the aforesaid terms. JYOTI SINGH, J AUGUST 25, 2025 S.Sharma/shivam ARB.P. 687/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 13:13:44