JUDGMENT

[VIA VIDEO CONFERENCING]

Amit Bansal, J. (Oral)

C.M. No.25855/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant Rules.

2. The application is disposed of.

CM(M) 525/2021 & CM No.25854/2021 (for stay)

3. The present petition under Article 227 of the Constitution of India has been filed impugning the order dated 23rd June, 2021 passed by the Ms. Bimla Makin, District Judge (Retd.), Sole Arbitrator, whereby the application dated 15th March, 2021 filed by the petitioner for quashing of arbitration proceedings on account of there being no arbitrable dispute and for holding that the Arbitrator has no jurisdiction to deal with the dispute between the parties, was dismissed.

4. The brief facts giving rise to the present petition are set out hereinafter. A Memorandum of Understanding (MoU) was executed between the petitioner and the respondent on 11th August, 2016, whereby the respondent agreed to purchase an apartment from the petitioner in Gurgaon, and which MoU contained an arbitration clause. A tripartite agreement was entered into between the respondent, HDFC and the petitioner on 15th October, 2016 whereby the respondent took a loan from HDFC to