JUDGMENT

C.Hari Shankar, J. - Arb.P. 347/2019

ARB.P. 753/2020

O.M.P.(I) (COMM.) 26/2019

1. Arguments in these petitions were heard together and are being disposed of by this common judgment. O.M.P.(I) (COMM.) 114/2020

Facts and contentions

2. M/S. Magic Eye Developers Pvt Ltd. ("Magic Eye") owns 11.29 acres of freehold land at Sector 106, Gurgaon. In connection with the said land, four agreements were executed between the parties, viz. the first Shareholder Agreement dated 4 th July, 2012, the second Shareholder Agreement dated 24th July, 2013, the first Memorandum of Understanding dated 24th July, 2013 and the second Memorandum of Understanding dated 9th August, 2013, which for the sake of felicity, would be referred to, hereinafter as "SHA-1", "SHA-2", "MOU-1" and "MOU-2", respectively. Mr. Abhimanyu Bhandari, learned counsel for M/s. Green Edge Infrastructure Pvt. Ltd. ("Green Edge"), submits that these agreements were interlinked. It is an admitted position that, while SHA-1, SHA-2 and MOU-1 contained arbitration clauses, and MOU-2 did not. The Arbitration clause in SHA-1 and SHA-2, with which alone these petitions are concerned, read thus:

In SHA-1

"27.3 Arbitration

Subject to Clause