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2015 Supreme(Del) 148

S.MURALIDHAR
Shamsher Gujjar @ Choudhary – Appellant
Versus
Sartaj Hotel Apartments and Villas Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Kirti Uppal, Senior Advocate with Manish Gandhi, Ravi Kumar, Manish Kr. Singh, Advocates.
For the Respondents:Sunil Kr. Atreya with Munish Kr. Mahendra, Ajay Wadhera, Advocates.

JUDGMENT

S. MURALIDHAR, J.

1. Arb. P. No. 163 of 2013 is a petition under Section 11(5) read with Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act) seeking the appointment of an Arbitrator to adjudicate the disputes between the parties including their claims and the counter claims. O.M.P. No. 1047 of 2012 is under Section 9 of the Act for interim reliefs.

2. The background facts are that, according to the Petitioner, in August 2011, he began negotiating with the Respondent No.1, Sartaj Hotel Apartments and Villas Pvt. Ltd. through its Managing Director Mr. Raghbir Singh (Respondent No.2) for the purchase of land measuring 3.90 acres in Khasra Nos. 396, 377, part of 369, part of 370, part of 372 and part of 376 in Block-II in the revenue estate of village Malikpur Kohi @ Rangpuri, New Delhi including the motel constructed thereon under the name Celeberation Garden for a total sale consideration was Rs. 79 crores. According to the Petitioner, the parties signed a Memorandum of Understanding (MOU) dated 5th October 2011 containing the arbitration clause. It is stated that the Petitioner paid the Respondents a total sum of Rs.10 crores from time to time for which the Resp

































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