Ajanta Builders Private Limited Vs Amit Bishnoi & Ors.

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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ARB.P. 372/2025 AJANTA BUILDERS PRIVATE LIMITED .....Petitioner Through: Ms. Sanjana Manchanda, Mr. Lavish Soni, Advs. versus AMIT BISHNOI & ORS. .....Respondent Through: Ms. Sapna Jha, Adv.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 19.03.2025

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This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties arising out of the Maintenance Agreement dated 12.01.2018.

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Clause 9.23 of the said agreement provides for arbitration and the same reads as under:

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“ 9.23 Arbitration - In case of any dispute between the parties or any two or more of the parties in / "- respect of or touching the present agreement the same shall be referred for arbitration. The sole arbitrator shall be appointed by the Director of Clarion Properties Ltd. (Company). The venue of arbitration shall be at New Delhi and the language shall be English.”

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The facts are that the petitioner is engaged in the business of providing maintenance services and facilities in real estate projects. The respondent is the owner of unit bearing no. BF- 31 on First Floor in Block No. B admeasuring 1405 square feet latterly revised as 1392 square feet of

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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 02/04/2025 at 12:14:44

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Super Area in the Project in a project named “Element One” situated in sector 47 and 49 Gurugram, Haryana.

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On 12.01.2018, a Maintenance Agreement was executed between the petitioner and the respondent for the purposes of maintenance of common facilities and services and other services with respect to the said project. 5. In pursuance of the Maintenance Agreement the petitioner provided maintenance services and accordingly, issued multiple invoices to the respondent with respect to maintenance charges. However, since the respondent did not pay the maintenance charges, the petitioner invoked arbitration vide legal notice dated 25.10.2024.

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Hence, the present petition has been filed.

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Ms. Jha, learned counsel appears on behalf of the respondent and has no objection to the present petition being allowed.

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

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i) Mr. Ajay Vikram Singh (Advocate) (Mob. No. 9868632122) 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 (hereinafter, referred to as the ‘DIAC’).

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

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

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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 02/04/2025 at 12:14:44

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reference.

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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.

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

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The present petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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MARCH 19, 2025/sp

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Click here to check corrigendum, if any

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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 02/04/2025 at 12:14:44

Ajanta Builders Private Limited v. Amit Bishnoi & Ors.

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Ajanta Builders Private Limited v. Amit Bishnoi & Ors.

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