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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1991/2025

MS. INDU SANGWAN

.....Petitioner

Through: Mr. Arvind Chaudhary, Mr. Sachin

Chaudhary, Ms. Ankita Niwas, Advs.

versus

M/S NEO DEVELOPERS PVT. LTD.

.....Respondent

Through: Mr. Jitender Chaudhary, Ms. Shilpa

Chohan, Ms. Ritika Harplani, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 22.12.2025

1. This is a petition filed under Section 11(6) of the Arbitration and

Conciliation Act, 1996 (“the Act”) seeking appointment of an

arbitrator to adjudicate the disputes between the parties.

2. The brief facts of the case are that the petitioner entered into a

Memorandum of Understanding with the respondent dated

18.04.2018, whereby she booked commercial space with the

respondent on an "Assured Return Plan". For the same, the petitioner

paid the entire consideration and a Buyers’ Agreement was executed

on 11.02.2021 between the parties.

3. Both the documents, i.e. Memorandum of Understanding and Buyers’

Agreement contain an arbitration clause.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:53:41

4. Clause No. 22 of the Buyers Agreement reads as under:

“Clause 22. Arbitration

That in case of any dispute/difference between the parties,

including in respect of interpretation of the present

Agreement, the same shall be referred to a sole arbitrator

appointed by the parties mutually. The venue of Arbitration

shall be New Delhi and the language of arbitration shall be

English. The Costs of arbitration shall be borne jointly by

the parties. The arbitration proceedings shall be governed

by the Arbitration and Conciliation Act, 1996. "

5. Clause 17 of the Memorandum of Understanding dated 18.04.2018

reads as under:

"17. That in case of dispute and differences between the

parties arising out of or in relation to this MOU, the matter

shall be referred to a sole arbitrator to be appointed in

terms of Arbitration and Conciliation Act, 2015. The award

tendered by the arbitrator shall be final and binding upon

the parties. The fee of the arbitrator and expenses of the

arbitration shall be equally divided between the parties. The

arbitration proceedings shall be governed by Arbitration

and Conciliation Act, 1996. The venue of Arbitration shall

be New Delhi alone and the language of arbitration shall be

English. The award given by the arbitrator shall be final

and binding between the parties."

6. In view of the defaults, the petitioner invoked a fresh arbitration by

issuing a legal notice dated 15.09.2025 and thereafter filed the present

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:53:41

petition.

7. Ms. Chohan, learned counsel appears on behalf of the respondent and

states that the arbitration clause is admitted, however, the amounts are

disputed. She states that the parties may be referred to mediation as

there are possibilities of settlement.

8. Hence, the parties are referred to Delhi High Court Mediation Centre

on 12.01.2026 at 4:00 p.m.

9. I am satisfied that there exists a valid arbitration Agreement and

disputes between the parties which require adjudication through the

arbitral mechanism, in the event the same are not settled amicably

through mediation.

10. For the said reasons, the petition is allowed and the following

directions are issued:-

i) Mr. Laksh Khanna, Advocate (Mob. No. 9910900059) 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’ Fee