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2022 Supreme(Del) 448

MUKTA GUPTA
Vistrat Real Estates Private Limited – Appellant
Versus
Asian Hotels North Ltd – Respondent


Advocates Appeared:
For the Petitioner: Ms. Ranjana Roy Gawai.
For the Respondent: Mr. Sidhant Kumar & Ms. Manyaa Chandhok.

JUDGMENT :

Mukta Gupta, J.

1. By this petition, the petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short “the Act”).

2. According to the petitioner, the petitioner purchased the ground 7th, 8th, 9th, 10th, 11th and 12th floors of New Tower, Bhikaji Cama Place, R. K. Puram, New Delhi along with the respective car parking areas at the Hyatt Complex from the respondent vide four registered Sale Deeds dated 12th May, 2014 (in short the Agreements) along with perpetual right to use car parking area.

3. The petitioner transferred and assigned all rights and title in the premises to IndusInd Bank Limited along with perpetual right to use car parking area. Thereafter, the petitioner sought refund of the security deposit of Rs.15 Crores deposited by the petitioner pursuant to Refundable Security Deposit Agreement entered into between the petitioner and the respondent. Since, the claim of the petitioner now is in terms of the Refundable Security Deposit Agreements dated 12th May, 2014, Clause 7 whereof provides for an arbitration, the petitioner invoked arbitration and thereafter filed the present petition.

4. According to the p

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