Affinity Agro Farms Private Limited v. Tamanna Realtors Private Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 3/2017 AFFINITY AGRO FARMS PRIVATE LIMITED ....Petitioner Through Mr.B.K.Mishra & Ms.Poonam, Advocates versus TAMANNA REALTORS PRIVATE LIMITED ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 22.09.2017 Despite two adjournments on 06.03.2017 and 25.05.2017, the respondent has not filed any reply. Today, none has appeared for the respondent.

It is the case of the petitioner that the petitioner purchased properties from the respondent company and entered into an MOU dated 28.05.2011. Disputes having arisen between the parties, the arbitration clause was invoked on 30.09.2016.

MOU dated 28.05.2011 has an arbitration clause being clause No.13 which provides that in case of any disputes or differences, the same shall be referred to the panel of two arbitrators, one to be appointed by the vendor and other by the vendee.

Keeping in view said clause, the sole arbitrator has to be nominated to adjudicate the dispute between the parties.

The arbitration shall take place under the aegis of Delhi International

Arbitration Centre, New Delhi (in short 'The DIAC'). The DIAC may nominate an arbitrator from the panel of Advocates. A copy of this order be sent to the DIAC.

Petition stands disposed of.

JAYANT NATH, J.

SEPTEMBER 22, 2017