Rohit Desai v. Emaar India Limited

$~52 to 54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 415/2024 ROHIT DESAI ..... Petitioner Through:

Mr. Vikas Mishra & Mr. Sanchit Gawri, Advs. (M- 9711746674) versus EMAAR INDIA LIMITED ..... Respondent Through:

Mr.

Dhruv Rohatgi, Adv.

(M9891558131) WITH + O.M.P.(MISC.)(COMM.) 416/2024 NARESH NANUBHAI DESAI ..... Petitioner Through:

Mr. Vikas Mishra & Mr. Sanchit Gawri, Advs.

versus EMAAR INDIA LIMITED ..... Respondent Through:

Mr. Dhruv Rohatgi, Adv.

AND + O.M.P.(MISC.)(COMM.) 417/2024 MAKRAND DESAI ..... Petitioner Through:

Mr. Vikas Mishra & Mr. Sanchit Gawri, Advs.

versus EMAAR INDIA LIMITED ..... Respondent Through:

Mr. Dhruv Rohatgi, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 21.05.2024 1.

This hearing has been done through hybrid mode. I.A. 29913/2024 (for exemption) in O.M.P.(MISC.)(COMM.) 415/2024 I.A. 29914/2024 (for exemption) in O.M.P.(MISC.)(COMM.) 416/2024 I.A. 29915/2024 (for exemption) in O.M.P.(MISC.)(COMM.) 417/2024 2.

Allowed, subject to all just exceptions. Applications are disposed of. 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 27/05/2024 at 12:53:14

O.M.P.(MISC.)(COMM.) 415/2024 O.M.P.(MISC.)(COMM.) 416/2024 O.M.P.(MISC.)(COMM.) 417/2024 3.

These are petitions under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the ld. Arbitrator.

4.

It is stated in the petition that the Respondent announced a project namely, 'The Palm Square' at Sector 66, Gurugram Manesar Urban Complex, Village Badshahpur, Tehsil and District Gurugram. On 17th October, 2007 various commercial units are stated to be allotted to the Petitioner by the Respondent and to this effect, a buyers agreement dated 5th October, 2009 was executed between the Petitioners and the Respondent. 5.

However, on 21st July, 2020 certain disputes arose between the Petitioners and the Respondent with respect to handing over the said commercial units to the Petitioners. Consequently, an arbitrator was appointed by this Court vide an order dated 9th April, 2021. The ld. Arbitrator is stated to have entered reference on 28th April, 2021. 6.

As per the ld. Counsels for the parties, the matters have been at the stage of final arguments for the last six months. 7.

Considering that three years have already lapsed, ld. Arbitrator may proceed with the matter expeditiously. The extension of mandate is granted for a period of six months from 30th April, 2024. 8.

The petition is disposed of.

PRATHIBA M. SINGH, J.

MAY 21, 2024 Rahul/rks 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 27/05/2024 at 12:53:14