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2025 Supreme(Online)(Del) 10872

IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBHASH CHANDER VS. DELHI DEVELOPMENT AUTHORITY THROUGH EXECUTIVE ENGINEER
ARB.P. 1834/2025



$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1834/2025 LALIT KUMAR .....Petitioner Through: Mr. Navin Prakash, Ms. Sucharita Ghosh, Advs.

versus SANJEEV KUMAR GUPTA .....Respondent Through: Mr. Alok Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.12.2025

1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of disputes between the parties.

2. The brief facts of the case are that the parties entered into an Collaboration Agreement dated 27.10.2020 for developing property No. BS- 23, Shalimar Bagh, Delhi-110008. The petitioner is the owner of the property and the respondent is the developer.

3. The said Collaboration Agreement contains an arbitration clause being Clause No. 22 which reads as under:

“Arbitration Clause 22 That in case of any dispute on any matter concerning the construction of the building on the aforesaid plot of land between the First and second parties, the matter shall be referred to an Arbitrator to be decided mutually by both the parties, whose decisions shall be binding on both the parties.”

4. Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 29.07.2025 and thereafter filed the present petition.

5. Mr. Kumar, learned counsel for the respondent, has no objection to the appointment of an Arbitrator.

6. I am satisfied that there exists a valid arbitration clause and there are disputes between the parties which need to be adjudicated through the arbitral mechanism.

7. For the said reasons, the petition is allowed and the following directions are issued:-

i) Ms. Zeba Khair (Advocate) (Mob. No. 8800507452) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).

iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018.

iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

vi) The parties shall approach the learned Arbitrator within two weeks from today.

8. The present petition is disposed of in the aforesaid terms.

JASMEET SINGH, J DECEMBER 11, 2025/AS

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