$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 13.11.2024 + ARB.P. 826/2024 SHRI INDER MOHAN BHAMBRI AND OTHERS .....Petitioners Through: Mr. M. Dutta and Mr. Aditya Guha, Advocates.

versus MS LANDMARK APARTMENTS PRIVATE LIMITED .....Respondent Through: Mr. Shiv Bhatnagar, Mr.Yuvraj Nandal and Ms. Pallvi Hooda, Advocates. CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (Oral

1. The present petition filed under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘A&C Act’) seeks appointment of a sole arbitrator to adjudicate the disputes between the parties.

2. The petitioner no. 2 is the mother of the petitioner no.1 and petitioner no.3 is the wife of petitioner no.1. The petitioners agreed to purchase three IT space/units at the Landmark Cyber Park, Sector 67, Gurugram, Haryana and one IT space/unit at Landmark the Outlet, Sector 67, Gurugram, Haryana, constructed by the respondent.

3. Subsequently, four Memorandums of Understanding (hereinafter referred as “the MoUs”) dated 10.07.2008, 24.04.2010, 27.02.2012 and 29.11.2014 were executed between the parties, wherein the petitioners Signature Not Verified Digitally Signed By:ROHIT ARB.P. 826/2024 Page 1 of 5 agreed and paid 93% of the total cost of the purchased units to the respondent. Further as per the MoUs, the respondent was obligated to pay an assured return(s) to the petitioners, till the date of possession or for a period of 3 years, whichever is later.

4. Pursuant thereto, the parties executed four Builder-Buyer Agreements dated 01.12.2020 and 02.04.2021(hereinafter referred as ‘BB Agreements’), in terms of which the allottees were to take physical possession of the purchased unit within 30 days of signing of the agreement.

5. It is pertinent to mention that under the aforesaid MoUs, the father of petitioner no.1 was also a signatory. However, after the demise of the father, the allotments made in his name were transferred/ assigned in favour of the petitioner no.1.

6. Therefore, as per the BB Agreements, signatories to the arbitration agreements are as under:

i. In terms of agreement dated 01.12.2020, the respondent and petitioner no(s) 1 and 2 are signatories of the contract executed for purchase of a super area admeasuring 1000 sq. ft. at the Landmark Cyber Park, Sector 67, Gurugram, Haryana.

ii. In terms of two agreements dated 01.12.2020, the respondent and petitioner no.1 are signatories of contracts executed for purchase of a super area admeasuring 500 sq. ft. (each) at the Landmark Cyber Park, Sector 67, Gurugram, Haryana iii. In terms of agreement dated 02.04.2021, the respondent and petitioner no(s) 1 and 3 are signatories of contract executed for purchase of a super area admeasuring 240 sq. ft. at Landmark the Outlet, Sector 67, Gurugram, Haryana Signature Not Verified Digitally Signed By:ROHIT ARB.P. 826/2024 Page 2 of 5

7. The aforesaid BB Agreements contain an identical arbitration clause which reads as under: -

“12. Dispute resolution a) Rights and obligations of parties arising from or concerning this agreement shall be construed and enforced in accordance with the laws of India.

b) In case of any dispute between the parties hereto (including their successors) concerning this agreement or matters arising there from or touching upon or in relation to the terms of this agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be adjudicated through arbitration. The arbitration proceedings shall be governed by The Arbitration and Conciliation Act 1996 or any statutory amendments / modifications thereof for the time being in force. The Arbitration proceedings shall be held at an appropriate location at Delhi by sole arbitrator who shall be Chief Managing Director of the Developer/Company/Company or its nominee. The Allottee(s) hereby confirm that he/she/they have no