JUDGMENT (ORAL)  

20.08.2024

1. This petition is mainly contested by Respondent 2. The corpus of the dispute is Apartment No. CGL-034 along with parking space bearing No. PL 1014 situated in the project “Capital Greens” of Respondent 2 at 15, Shivaji Marg, New Delhi, “thedisputed apartment”hereinafter.

2. The prayer in this petition is for a restraint against the respondent terminating the allotment of the disputed apartment during the pendency of the present petition or till the conclusion of the arbitral proceedings.

3. By a separate order passed today in Arb P 809/2024, I have appointed an arbitrator to arbitrate on the disputes between the parties.

4. What has to be seen, therefore, is whether, despite the appointment of the arbitrator, who would adjudicate on the present petition treating it as an application under Section 17 of the 1996 Act, the court should nonetheless proceed to take up this petition and decide it on its own.

5. Ms. Kanika Agnihotri, learned Counsel for Respondent 2, is agreeable to this dispute being relegated to the arbitral tribunal to be decided as an application under Section 17 of the 1996 Act, subject to her client being permitted to raise all contentions