Avalon Greens v. Samiah International Builders Pvt. Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 353/2017 AVALON GREENS ..... Petitioner Through Mr.Gagan Deep Panwar, Adv.

versus SAMIAH INTERNATIONAL BUILDERS PVT. LTD... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 27.09.2017 Respondent is served. Despite service none has appeared for the respondent. Respondent is proceeded ex parte. This petition is filed under section 11(6) of the Arbitration and conciliation Act, 1996 for appointment of an Arbitrator to adjudicate the dispute between the parties The case of the petitioner is that the respondent purchased land in village Danpur, Tehsil and District Rudrapur on 11.8.2006 for the purpose of setting up of an integrated township to be known as "NRI Lake City". Parties entered into an MOU on 29.9.2006 whereby the petitioner agreed to purchase and acquire rights and interests in respect of land bearing No.GH-01 measuring 3.60 acres situated at Village Danpur, Tehsil and District Rudrapur.

Disputes having arisen between the parties the petitioner has on 27.3.2017 invoked the arbitration clause. It is urged that in the MOU dated 29.9.2006 there exists an arbitration clause being clause No.21 which provides that in case of disputes, the same shall be settled through arbitration.

Accordingly, Mr.K.K.Nangia, Advocate (Retd. Registrar) (Mobile No.9910390945) is appointed as the Sole Arbitrator to adjudicate the dispute between the parties. The Arbitration shall take place under the aegis of the Delhi International Arbitration Centre. A copy of this order be sent to the learned Arbitrator and DIAC.

Petition stands disposed of. All pending applications, if any, also stand disposed of.

JAYANT NATH, J SEPTEMBER 27, 2017 n