Ellora Infratech Private Limited Through Its Authorized Representative Mr. Im Tiyaz Ahmed Ansari v. Cloud 9 Projects Pvt Ltd.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1333/2024 ELLORA INFRATECH PRIVATE LIMITED THROUGH ITS AUTHORIZED REPRESENTATIVE MR. IM TIYAZ AHMED ANSARI .....Petitioner Through:

Mr. Yogesh Jagia, Mr. Amit Sood, Mr. Chandan Dutta and Mr. Aditya Jagia, Advocates versus CLOUD 9 PROJECTS PVT LTD. .....Respondent Through:

Mr.

Ashish Dholakia, Senior Advocate with Mr. Utkarsh Sharma and Mr.

Subhoday Banerjee, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 08.01.2025 1.

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the Parties under a Real Estate Development Agreement dated 14.01.2016 and its addendum dated 22.07.2019. 2.

Material on record discloses that an Arbitration Petition being ARB.P 732/2023 was filed by the Petitioner for appointment of an Arbitrator in terms of Clause 9.2 of the Agreement. The Petitioner had nominated its Arbitrator. This Court vide Order dated 14.05.2024 disposed of the said petition by recording the submission of the learned Counsel for the Respondent that they would nominate their Arbitrator within two weeks and, 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 24/01/2025 at 15:55:42

thereafter, the Presiding Arbitrator was to be appointed by the said two Arbitrators who had been nominated by the parties. It is stated that the Respondent has yet not appointed its Arbitrator. 3.

Learned Counsel appearing for the Respondent fairly submits that they have yet not appointed its Arbitrator and submits that this Court may appoint a Sole Arbitrator to adjudicate upon the disputes between the parties. This submission is not contested by the learned Counsel for the Petitioner.

4.

Learned Counsel for the Respondent also submits that he has issues regarding validity, enforceability and arbitrability of the disputes. It is now settled that this issue will be dealt with by the Arbitrator and not the referring Court.

5.

In view of the fact that disputes have arisen between the parties and the Agreement contains an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties. 6.

Accordingly, Mr. Sanjay Kishan Kaul, former Judge of the Supreme Court of India, (Mob. No. 9818000370) is appointed as an Arbitrator to adjudicate upon the disputes between the Parties. 7.

The present petition stands disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J JANUARY 08, 2025 S. Zakir 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 24/01/2025 at 15:55:42