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YASHWANT VARMA
S. S. Con-build Pvt. Ltd. – Appellant
Versus
Delhi Development Authority – Respondent
| Table of Content |
|---|
| 1. petition history and facts of lease (Para 1 , 2 , 3 , 4 , 5) |
| 2. objections against arbitrability raised (Para 6 , 12 , 16 , 18 , 20) |
| 3. nature of estate officer's jurisdiction (Para 7 , 10 , 11 , 19 , 21 , 37 , 39 , 41 , 44 , 47) |
| 4. judicial precedents on non-arbitrability (Para 13 , 14 , 15 , 22 , 25 , 26 , 33 , 34) |
| 5. court's final ruling on arbitration requests (Para 49 , 51) |
ORDER
1. Since these two petitions under Sections 9 and 11 of the Arbitration and Conciliation Act, 19961[The Act] between the parties emanate from a common dispute and were heard together, they are being disposed of by this common judgment.
2. In the Section 9 petition, the petitioner had sought reliefs in respect of a notice dated 29 May 2018 issued by the Delhi Development Authority2[DDA] raising a demand of Rs.25,41,16,487/- towards purported arrears of ground rent. Additionally, an interim order of protection was sought in respect of the communication dated 25 February 2020 issued by the DDA determining the Lease Deed dated 10 May 20073[Lease Deed] . The petition under Section 11 of the Act seeks constitution of an Arbitral Tribunal in terms of the provisions contained in the Lease De
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