Mr. Surjeet Singh Chadha And ANR v. M/S Ashimara Housing Pvt Ltd
$~O-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1419/2025 Date of Decision: 20.11.2025
IN THE MATTER OF:
MR. SURJEET SINGH CHADHA AND ANR .....Petitioners Through:
Ms. Kirti Mewar and Ms. Kriti Sharma, Advs.
versus M/S ASHIMARA HOUSING PVT LTD .....Respondent Through:
Ms. Smriti Verma, Mr. Pranay Chitale and Mr. Samyak Jain, Advs.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act"), seeking appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties.
2.
The parties have admitted that an arbitration clause exists in the agreement between the parties and have also mutually consented to the appointment of an arbitrator. Clause 14.2 of the lease deed in question is extracted as under:
"14.2. Governing law. Arbitration and Jurisdiction i.
The Agreement shall be governed by the laws of India. Signed By:PRIYA 18:32:40 Signed By:PURUSHAINDRA KUMAR KAURAV
ii.
In case of any dispute arising between the parties, the parties shall first submit such dispute to Arbitration to be adjudicated by a sole arbitrator mutually appointed by the parties. The orders of such arbitrator shall be final and binding upon the parties. The seat of arbitration shall be New Delhi and the language shall be English. iii.
The courts at New Delhi alone shall have exclusive jurisdiction to deal with all matters concerning this Agreement." 3.
Accordingly, Ms. Anuradha Mishra (Mobile No.-+91-9971391034 and e-mail-id: advanuradhamishra09@gmail.com ) is being appointed as the Sole Arbitrator to adjudicate upon the inter se disputes between the parties.
4.
The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and in terms of its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
5.
The learned arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Act within a week of entering on reference. 6.
All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law.
7.
Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. Let a copy of the instant order be sent to the Sole Arbitrator through electronic mode as well.
8.
Accordingly, the instant petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J NOVEMBER 20, 2025/p/mj Signed By:PRIYA 18:32:40 Signed By:PURUSHAINDRA KUMAR KAURAV