Smc Real Estate Advisors Private Limited v. Scc Builders Private Limited & ORS.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1603/2024 SMC REAL ESTATE ADVISORS PRIVATE LIMITED.....Petitioner Through: Mr. Shreyas Jain, Advocate versus SCC BUILDERS PRIVATE LIMITED & ORS.

.....Respondents Through: Mr.Pranav Gupta, Ms.Sanchita Jain and Ms.Unnati Chauhan, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.01.2025 1.

By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 'A&C Act'), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator, to adjudicate the disputes between the parties. 2.

Learned counsel for the petitioner submits that the parties had entered into a Brokerage Agreement dated 15.03.2016, Clause 18 of which provides that disputes with respect to the Agreement shall be resolved through arbitration as per provisions of A&C Act.

3.

Disputes having arisen between the parties, petitioner invoked arbitration vide notice dated 10.08.2023, issued under Section 21 of the A&C Act.

4.

Learned counsel appearing for the respondents, on instructions, submits that the answering respondents have no objection to the matter being referred to the Arbitral Tribunal comprising of a Sole Arbitrator. 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 01/02/2025 at 10:25:34

5.

Considering that both the parties have consented to the reference to the Arbitral Tribunal, the present petition is disposed of with the following directions:

i) The disputes between the parties under the said agreement are referred to the Arbitral Tribunal.

ii) Mr. Karmanya Dev Sharma, Advocate (Mob.No.9790169104) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018 or as the parties may agree. iv) The learned Arbitrator shall furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) 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 on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. vi) The parties shall approach the learned Arbitrator within two weeks from today.

MANOJ KUMAR OHRI, J JANUARY 28, 2025 na 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 01/02/2025 at 10:25:34