RAJ LAMBA Vs SPLENDOR LANDBASE LIMITED -Judgment by Delhi High Court

2024-04-25 Information

$~4 to 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th April, 2022
+ ARB.P. 358/2022
RAJ LAMBA ….. Petitioner
versus

SPLENDOR LANDBASE LIMITED ….. Respondent
+ ARB.P. 359/2022
GEETA MALIK ….. Petitioner
versus

SPLENDOR BUILDWELL PRIVATE LIMITED ….. Respondent
+ ARB.P. 360/2022
GEETA MALIK ….. Petitioner
versus

SPLENDOR LANDBASE LIMITED ….. Respondent
+ ARB.P. 361/2022
BHART BHUSHAN MALIK ….. Petitioner
versus

SPLENDOR LANDBASE LIMITED ….. Respondent
+ ARB.P. 362/2022
BHART BHUSHAN MALIK ….. Petitioner
versus

SPLENDOR BUILDWELL PRIVATE LIMITED ….. Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Alok K. Agarwal, Mr. Naveen Chawla and Mr.
Mayank Bughani, Advocates.
For the Respondent: Mr. Gaurav Puri, Mr. Sarthak Gupta, Ms. Yashika
Verma and Mr. Shashank Mishra, Advocates

CORAM:-
HON�BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Petitioners seek appointment of an Arbitral Tribunal in Arb. Petition 358/2022 pursuant to the arbitration clause contained in MOU dated 21.10.2013; in Arb petition 359/2022 pursuant to arbitration clause contained in MOU dated 01.07.2016; in Arb petition 360/2022 pursuant to arbitration clause contained in MOU dated 29.04.2013; in Arb petition 361/2022 pursuant to arbitration clause contained in MOU dated 02.09.2013 and in Arb .petition 362/2022 pursuant to arbitration clause contained in MOU dated 01.07.20.
2. Though the disputes are different however, it is contended that certain common overlapping issues arise, accordingly it is prayed a common Arbitral Tribunal be constituted to adjudicate the respective disputes between the parties.
3. Learned counsel appearing for the respondent submits that without prejudice, he has no objection to the same, however, the respondent also has counter claims against the petitioner.
4. Accordingly, with the consent of the parties, Mr. Justice R. K Gauba (Retd) (Mobile No. +91 96504 11919), a former Judge of this Court is appointed as the Sole Arbitral Tribunal.
5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
6. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J
APRIL 25, 2022
so

ARB.P. 358/2022 & connected matters Page 3 of 3