Pummy Khosla v. M/S Gardenia India Ltd.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 784/2016 PUMMY KHOSLA ..... Petitioner Through Mr. Naresh Kumar, Adv.

versus M/S GARDENIA INDIA LTD.

..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 30.08.2017 1.

This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. 2.

None appeared for the respondent on the last date of hearing. In the interest of justice, the matter was adjourned for today. Today again none has appeared for the respondent. The respondent is proceeded ex parte. 3.

The parties are said to have executed an MOU dated 16.05.2012 whereby the petitioner was to invest in the project of the respondent a sum of Rs. 50 lakhs. In case of default, the respondent was to execute a sale deed for a flat in Gardenia Project. On 16.05.2013 a new MOU was executed between the parties. Disputes having arisen between the parties, the petitioner invoked the arbitration clause on 02.11.2016. The MOU dated 16.05.2013 has an arbitration clause which is clause No. 7 which states that in case of disputes, the matter shall be referred for arbitration under the

Arbitration and Conciliation Act, 1996.

4.

Accordingly, I appoint Smt.Aruna Tiku, Advocate (Mobile No.9810104685) as the Sole Arbitrator to adjudicate the disputes between the parties. The arbitration shall take place under the aegis of Delhi International Arbitration Centre (DIAC). A copy of this order be sent to the DIAC.

5.

Petition stands disposed of.

6.

Dasti.

JAYANT NATH, J AUGUST 30, 2017 rb