Real Town Properties Private Limited v. Venetian Ldf Projects (Llp)

$~28 & 60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 417/2024 REAL TOWN PROPERTIES PRIVATE LIMITED .....Petitioner Through:

Mr. Hrishikesh Baruah, Mr. Anurag Mishra and Mr. Utkarsh Dwivedi, Advocates.

versus VENETIAN LDF PROJECTS (LLP) .....Respondent Through:

Mr. Roopansh Purohit and Ms.

Ankita, Advocates.

AND + ARB.P. 323/2025, I.A. 4108/2025, I.A. 4177/2025 REAL TOWN PROPERTIES PRIVATE LIMITED.....Petitioner Through:

Mr. Hrishikesh Baruah, Mr. Anurag Mishra and Mr. Utkarsh Dwivedi, Advocates.

versus VENETIAN LDF PROJECTS LLP .....Respondent Through:

Mr. Roopansh Purohit and Ms.

Ankita, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 17.02.2025 O.M.P.(I) (COMM.) 417/2024 1.

This petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 'A&C Act'), the petitioner seeks interim directions.

2.

Learned counsel for the petitioner submits that the parties had entered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

into an Agreement of Assignment of Development Rights dated 12.07.2013, Clause 25 of which provides that disputes arising between the parties with respect to the subject Agreement shall be resolved by reference to arbitration.

3.

Disputes having arisen between the parties, the petitioner invoked arbitration vide notice dated 21.10.2024 issued to the respondent under Section 21 of the A&C Act.

4.

Learned counsel appearing for the respondents do not dispute either the subject Agreement or the jurisdiction of this court. 5.

Learned counsels for the parties, on instructions, submit that the said Agreement not being denied, the disputes arising in the context of the subject Agreement be referred to the Arbitral Tribunal comprising of a sole arbitrator and the present petition itself be treated as an application under Section 17 of the A&C Act.

6.

At this stage, learned counsel for the petitioner submits that the status quo order dated 23.12.2024 thereof be continued. Learned counsel for the respondent, on instructions, submits that the respondent would abide by the said order till the application under Section 17 is taken up for consideration by the Arbitral Tribunal. The parties shall be at liberty to seek continuation/modification/variation/recall of the interim orders before the Arbitral Tribunal.

7.

In view thereof, 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. The present application be treated as one under Section 17 of the A&C Act.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ii) Ms. Justice Mukta Gupta, former Judge of High Court of Delhi (Mob. No. 9650788600) 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 A&C Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including on the existence and validity of the Arbitration agreement, arbitrability of any of the claim/counter claim, any other preliminary objection, need and legality of interim relief, as well as contentions on merits of the dispute by either of the parties, are left open for adjudication by the learned arbitrator.

vi) The parties shall approach the learned Arbitrator within one week from today.

ARB.P. 323/2025 In view of the order passed in O.M.P.(I) (COMM.) 417/2024, the petition stands disposed of alongwith the pending applications, if any. MANOJ KUMAR OHRI, J FEBRUARY 17, 2025/ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.