Disposed

White Studio Architects v. Ks Propmart Private Limited

Delhi HC3 Feb 2025ARB.P./1823/2024

Case brief

AI extract

What is this about?

Section 11(6) petition seeking appointment of an arbitrator for disputes under a 2018 architectural works contract. The court noted contracts signed by the respondent, left objections about any third party to the arbitrator, appointed a Sole Arbitrator under DIAC aegis, and disposed of the petition.

What did the court decide?

Sole Arbitrator (Ms. Preety Makkar) appointed; arbitration under DIAC; all rights, contentions and preliminary objections left open; parties to approach arbitrator within two weeks.

White Studio Architects Vs Ks Propmart Private Limited — Arbitration | Delhi HC (2025)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 1823/2024

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WHITE STUDIO ARCHITECTS .....Petitioner

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Through: Mr. Amit Bhagat, Adv.

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versus

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KS PROPMART PRIVATE LIMITED .....Respondent Through: Mr. Jagdeep Yadav, Adv.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 03.02.2025

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This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘ A&C Act ’) seeking appointment of an Arbitration arising out of the contract dated 25^th September 2018 executed between petitioner and respondent. The arbitration clause is contained in Clause 18 of the contract. Since there were disputes, petitioner invoked arbitration on 14^th September 2024.

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Pursuant to the previous order, counsel appears for respondent and states that the execution of the contract for architectural works, was actually done by VSR Infratech Pvt. Ltd and the communication between petitioner relating to the contract, was with VSR Infratech Pvt. Ltd.

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Counsel for petitioner, however, points out that the work order dated 25^th September 2018 under which the disputes arose, has been signed by KS Propmart Private Limited. There is nothing on record to state that there is an agreement by which the said contract was novated to VSR Infratech.

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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 10/02/2025 at 14:48:47

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Further, there is another amended contract dated 10^th November 2022, which was also signed by KS Propmart Pvt. Ltd.

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All aspects in relation to another party being part of the contract, can be raised before the Arbitrator.

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Accordingly, Sole Arbitrator is appointed.

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Issue notice.

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Counsel for respondent accepts notice on behalf of respondent and states that he has no objection to the petition being allowed. However, he states that all objections, including maintainability of the claims, should be left open.

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For the said reasons, the petition is allowed. Since the parties are still having disputes between them, the following directions are issued:

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i) Ms. Preety Makkar, Advocate (Mob. No. 9999131167) ([email protected]) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (‘ DIAC ’). The remuneration of the Arbitrator shall be in terms of the Rules of the DIAC. iii) The Sole Arbitrator is requested to furnish a declaration in terms of Section 12 of the A&C Act prior to entering the reference.

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iv) It is made clear that all the rights and contentions of the parties, including the arbitrability/maintainability of any of the claim, any other preliminary objection, as well as

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This is a digitally signed order.

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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 10/02/2025 at 14:48:47

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claims on merits of the dispute by either of the parties are left open for adjudication by the Sole Arbitrator.

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v) The parties shall approach the Sole Arbitrator within two weeks from today.

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The petition is disposed of.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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FEBRUARY 3, 2025/MK

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This is a digitally signed order.

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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 10/02/2025 at 14:48:47

White Studio Architects v. Ks Propmart Private Limited

Case brief

What is this about?

What did the court decide?

White Studio Architects v. Ks Propmart Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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