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2023 Supreme(Del) 1415

YASHWANT VARMA
S. S. Con-build Pvt. Ltd. – Appellant
Versus
Delhi Development Authority – Respondent


Advocates appeared:
Mr. Kunal Tandon, Mr. Saurabh Dev, Ms. Madhavi Khare, Advocates, for the Petitioner.
Mr. Dayan Krishnan, Senior Advocate with Mr. Sanjay Katyal, SC with Ms. Chand Chopra, Mr. Anish Dhingra, Mr. Nakul Ahuja, Mr. Sukhrit Seth, Mr. Nihal Singh and Mr. Gautam Yadav, Advocates, for DDA.

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 Deed and which contemplates the resolution of disputes by way of arbitration.

3. For the purposes of disposal of the present petitions, the following essential facts may be noticed. On 10 May 2007, a plot admeasuring 6085 sq. meters bearing Plot No.-1, BG-I and BG-II, Paschim Puri, New Delhi, came to be leased to the petitioner. Undisputedly, the grant was by way of a perpetual lease. In terms

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