The execution of a Settlement Agreement can lead to the disposal of a petition seeking the appointment of an arbitrator for the resolution of disputes.

ORDER

Chandra Dhari Singh, J. (Oral)--The present petition had been filed by the petitioner under section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator for redressal of the disputes between the parties.

2. It has been submitted on the petitioner's behalf that the petitioner is a developer and builder with a focus on Uttam Nagar, New Delhi, and has a number of active projects there.

3. The petitioner has submitted that the respondents No. 1 to 3 are the co-owners of the property bearing No. C-100, Mohan Garden, Uttam Nagar, New Delhi 110059 measuring 152 sq. yds. Additionally, it is submitted that the respondents nos. 1 to 3 contacted the petitioner to negotiate, modify, and rebuild the whole subject property's construction.

4. In light of the above, the parties on 30th October, 2013 concluded a Collaboration Agreement for the rebuilding of the entire subject property. It is submitted that it was agreed that the respondents No. 1 to 3 shall retain the entire I Floor, II Floor, and III Floor of the said property, while the petitioner shall have exclusive right, title, and interest over the entire Upper Ground Floor and the rear side portion of the ground floor comprising 60 square yards.

5. It is submitted that due to some internal conflicts, the petitioner has learned that respondents No. 1 to 3 are avoiding fulfilling their obligations under clauses 5 and 6 of the said Collaboration Agreement.

6. The petitioner being aggrieved by the mala fide act of the respondents was constrained to invoke the arbitration clause i.e. clause 14, as mentioned in the said Collaboration Agreement vide notice dated 17th January, 2022. It is further submitted that in light of the above-mentioned deliberate default and non-compliance by the respondents No. 1 to 3 in meeting their contractual obligation for the execution of the sale deed, the petitioner seeks the appointment of an independent Arbitrator to adjudicate the claims of the parties and grant relief in favour of the petitioner against the respondents.

7. It is further submitted that the petition filed by the petitioner herein was listed on 28th March, 2022 before the predecessor Bench of this Court, whereby notice of the instant petition was issued to the respondents. Thereafter, the parties vide order dated 24th May, 2022 were directed to appear before the Delhi High Court Mediation and Conciliation Centre, to explore the possibility of an amicable settlement.

8. The learned counsel appearing for the petitioner apprised this Court that the disputes between the parties have now been settled in view of the Settlement Agreement dated 17th October, 2022. The relevant extracts of the settlement are reproduced herein:

"(i) That the First Party states that he has no claim against the said Ms. Neetu Sharma.

(ii) That in Full and Final Settlement of all claims of the Second, Third and Fourth Parties towards the constmction of property no. C-100, Mohan Garden, Uttam Nagar, New Delhi -110059, the First Party will pay a sum of Rs.80,000/- (Rupees Eighty Thousand) by demand draft in favour of the Second Party which will be used by the Second Party for repairing the right exterior wall of the said property, the photograph of which is being attached to the Settlement Agreement as ANNEXURE A. The said payment will be made by the First Party at the time of recording of the statement of the parties before the Hon'ble Court in support of the Settlement Agreement. The Parties agree to cooperate with each other in the completion of the said repair work.

(iii) That the Parties agree that on or by 15.11.2022, a date will be taken before the Sub Registrar II B Janakpuri, District Center, Delhi, for transfer and registration of the ground floor of the said property no. C-100, Mohan Garden, Uttam Nagar, New Delhi-110059, in favour of the nominee of the First Party in terms of the collaboration agreement dated 30.10.2013. The Parties agree that at the time of registrat