1. This hearing has been done through hybrid mode.

CM APPL.53579/2025 in FAO (COMM) 237/2025

CM APPL. 53582/2025 in FAO (COMM) 238/2025

CM APPL. 53585/2025 in FAO (COMM) 239/2025

2. These applications are filed seeking exemption from filing certified copies. Allowed, subject to all just exceptions. Applications are disposed of.

CM APPL.53580/2025 in FAO (COMM) 237/2025

CM APPL. 53583/2025 in FAO (COMM) 238/2025

CM APPL. 53586/2025 in FAO (COMM) 239/2025

3. Permission to file the annexures with dim pages is granted. Applications are disposed of.

FAO (COMM) 237/2025 & CM APPL.53581/2025

FAO (COMM) 238/2025 & CM APPL. 53584/2025

FAO (COMM) 239/2025 & CM APPL. 53587/2025

FAO (COMM) 204/2025 & CM APPL. 47782/2025

FAO (COMM) 210/2025 & CM APPL. 47810/2025

FAO (COMM) 211/2025 & CM APPL. 47813/2025

4. These are appeals filed by the Appellants challenging the impugned judgments by which petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 by the Appellants herein have been rejected by the concerned Commercial Courts.

5. Brief background of the cases is that the Appellants had entered Memoranda of Understanding (hereinafter, ‘MoU’) with the Respondent– M/s

Neo Developers Pvt. Ltd. The Appellants had booked commercial spaces in Neo Square Mall, Sector-109, Gurugram.

6. Subsequently, some disputes arose between the parties in respect of assured returns, delay in construction and not handing over the possession of the said commercial spaces.

7. The Appellants approached the Economic Offences Wing, Delhi Police and also filed complaints with Haryana Real Estate Regulatory Authority (hereinafter, ‘HARERA’). The said complaints were adjudicated by HARERA and an order was passed on 14th August, 2024. The following reliefs were granted by HARERA vide order dated 14th August, 2024:

“H. Directions of the authority

41. Hence, the Authority hereby passes this order and issues the following directions under section 37 of the Act to ensure compliance of obligations cast upon the promoter as per the function entrusted to the authority under section 34(f):

i. The cancellation dated 07.06.2021 is hereby set aside and the respondent is directed to pay the arrears of amount of assured return at the rate i.e., Rs.22,500/- per month from the date i.e., 31.01.2015 till the commencement of the first lease on the said unit as per the memorandum of understanding, after deducting the amount already paid by the respondent on account of assured return to the complainants.

ii. The respondent is directed to pay arrears of accrued assured return as per MOU dated 31.01.2015 till date at the agreed rate within 90 days from the date of this order after adjustment of outstanding dues, if any, from the complainants and failing which that amount would be payable with interest @9% p.a. till the date of actual realization.

iii. The respondent is directed to offer possession of the unit within 2 months from the date of obtaining occupation certificate from the concerned authorities.

iv. The respondent is directed to execute conveyance deed in favour of the complainants within 3 months after obtaining the occupation certificate.

v. The respondent shall not charge anything from the complainants which is not the part of the agreement of sale.”

8. Similar orders were passed by the HARERA in all the present appeals.

9. After the said order was passed by HARERA, communications are stated to have been sent to the Appellants by the Respondent on 27th February, 2025 raising demands in respect of certain fit-out charges etc., with respect to the commercial space.

10. The Appellants, on the other hand, filed for execution of the order dated 14th August, 2024, passed by HARERA and simultaneously, filed petitions under Section 9 of the Arbitration and Conciliation Act, 1996 before the Commercial Courts, Central District, Tis Hazari Court, Delhi.

11. The said petitions have been dismissed vide separate orders, primarily on the ground that since the Appellants ha