DELHI HIGH COURT
VIBHU BAKHRU
Savitri Dabas – Appellant
Versus
Sanjay Kumar – Respondent
JUDGMENT
Vibhu Bakhru, J. (Oral)--The petitioner has filed the present petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereafter the `A&C Act'), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with an Agreement to Sell dated 11.12.2014.
2. In terms of the said Agreement to Sell, the respondent had agreed to sell the land ad-measuring 3 Bighas and 17 Biswas situated in Revenue Estate of Village Ladpur, Tehsil Kanjhawala, District North-West, Delhi-110081 for a total sale consideration of Rs.1,82,87,500/-. The said Agreement to Sell also records that the respondent had received a sum of Rs.18,30,000/- towards advance sale consideration.
3. The Sale Deed of the said property was required to be executed within a period of three months that is, on or before 11.03.2015. Admittedly, the respondent failed to execute the said Sale Deed in performance of the Agreement to Sell. In view of the above, the petitioner sent a notice dated 16.08.2016 calling upon the respondent to return the sum of Rs.18,30,000/-, however, the respondent failed to comply with the said demand.
4. In the cir
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