Grand Reality Pvt.Ltd. v. Nanak Mehta

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 309/2018 GRAND REALITY PVT.LTD.

..... Petitioner Through:

Mr.Akshay Makhija, Adv.

versus NANAK MEHTA ..... Respondent Through:

Mr.N.P Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.09.2018 The respondent, in compliance with the order dated 01.08.2018 passed by this Court has deposited the sum of Rs. 2.05 crores in form of Fixed Deposit Receipt with the Registry of this Court. Learned counsels for the parties jointly request this Court to appoint an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement to Sell dated 01.07.2015 and submit that the present application and further applications, if any, with respect to the amount deposited by the respondent can be filed before the Arbitrator so appointed.

With the consent of the parties, I appoint Mr.S.M Chopra, Retired Additional District Judge (R/o Flat No. 181, Deshbandhu Apartments, Kalkaji, New Delhi, Mobile: 9213230349) as an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement to Sell. The Arbitrator shall give disclosure under Section 12 of the Arbitration and Conciliation Act, 1996 before

proceeding with the reference.

The parties shall be at liberty to file application before the Arbitrator even with respect to the amount of Rs. 2.05 crores that has been deposited by the respondent in this Court. The said deposit shall abide by the order passed by the Arbitrator.

The petition is disposed of in the above terms, with no order as to cost.

NAVIN CHAWLA, J SEPTEMBER 06, 2018/rv