SLP - Sandeep Sharma
SLP - Sandeep Sharma
2. O/R on Limitation A A
Filed by:
KUMAR MIHIR
AOR For Petitioner
Registration No. 2116
I-10, 1st Floor, Jangpura B,
New Delhi-110014
Mob. No. 9871130450
Email i.d- [email protected]
Date: 24.09.2022
A
[Arising out of the impugned judgment and final order dated 29.08.2022
passed by the Hon’ble High Court of Delhi at New Delhi in Arb. Petition
No. 627/2022]
filing the same against order dated 11.02.2022 and petition for
Branch Officer
Dated: 24.09.2022
A1
: N.A.
Filed by:
KUMAR MIHIR
AOR For Petitioner
Registration No. 2116
I-10, 1st Floor, Jangpura B,
New Delhi-110014
Mob. No. 9871130450
Email i.d- [email protected]
Date: 24.09.2022
A4
[Arising out of the impugned judgment and final order dated 29.08.2022
passed by the Hon’ble High Court of Delhi at New Delhi in Arb. Petition
No. 627/2022]
I.A. No.___________________2022
[I.A. FOR EXEMPTION FROM FILING CERTIFIED COPY]
PAPER BOOK
[DETAILED INDEX KINDLY SEE INSIDE]
KUMAR MIHIR
ADVOCATE FOR THE PETITIONER
A5
RECORD OF PROCEEDINGS
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
B
The Hon’ble high court, undue haste, while referring the parties for
11.08.2018, and thus, can form the basis to allow petition under Section
11 (5) read with 11 (6) of the Arbitration and Conciliation Act, 1996
ground of limitation.
cannot be read as a part of MoU dated 11.08.2018 and cannot form the
agreed upon and thus was left blank. True copy of the
30.11.2021 That the Respondent got issued two separate legal notice
mention that the said legal notice do not refers to any MoU
No. 37-40)
initiate steps within three years from the date of last cause
with 11 (6) of the Act before the Hon’ble High Court with
MoU.
No. 43-67)
Act, was listed for the arguments before the Hon’ble High
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 627/2022
RAKESH AHUJA
..... Petitioner
Through: Mr. Abhishek Naik and Ms. Gulafsha
Kureshi, Advocates.
versus
SANDEEP SHARMA
..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 29.08.2022
1. Petition under Section 11 (5) read with Section 11 (6) of the
Arbitration and Conciliation Act, 1996 has been filed for appointment of the
Arbitrator.
2. It is submitted that petitioner who is the Purchaser entered into a
Memorandum of Understanding dated 11.08.2018 with respondent who is
the Broker. As per the terms of the Memorandum of Understanding, the
respondent undertook to facilitate sale purchase of piece of land
admeasuring 2,274.64 Sq. Mts. Situated at Block-B Safdarjung Enclave,
bearing Khasra no. 42/2 in village Humayunpur, Delhi and the petitioner
paid a sum of Rs. 3,20,00,000/-. However, the respondent failed to fulfil his
obligations as per terms of the MOU. On repeated requests and relying upon
the assurances and promises of the respondent, the petitioner executed an
of the respondent.
6. Submissions heard.
7. Considering that there exists an Arbitration Clause in the
Memorandum of Understanding dated 07.10.2019 and arbitrable disputes
have been raised, the petition is allowed with liberty to the parties to agitate
their claims/defences before the learned Arbitrator.
8. Mr. V.B Gupta, Delhi High Court Judge, (Retd) Mobile
No.9871300039 is appointed as the sole Arbitrator to adjudicate the disputes
between the parties. This is subject to the Arbitrator making necessary
disclosure as under Section 12(1) of A&C Act and not being ineligible under
Section 12(5) of the A&C Act. The parties are at liberty to approach the
learned Arbitrator for further proceedings.
9. The petition is allowed in aforesaid terms.
[Arising out of the impugned judgment and final order dated 29.08.2022
passed by the Hon’ble High Court of Delhi at New Delhi in Arb. Petition
No. 627/2022]
POSITION OF PARTIES
BEFORE THE BEFORE THIS
HIGH COURT HON’BLE COURT
BETWEEN:
AND
AHUJA,
R/O B-489, NEW FRIENDS
COLONY, NEW DELHI –
110025,
TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED
filed under Section 11 (5) read with 11(6) of the Arbitration and
2. QUESTIONS OF LAW:
The following substantial questions of law of general public
(a) Whether or not the Hon’ble High Court ought to consider that the
filed under Section 11 (5) read with 11 (6) of the Arbitration and
(b) Whether or not the Hon’ble High Court ought to consider that the
MoU dated 11.08.2018 which in fact do not even refers to the MoU
dated 11.08.2018 and cannot form the basis to allow petition under
(c) Whether or not the Hon’ble High Court ought to consider that the
(d) Whether or not the Hon’ble High Court ought to consider that the
MoU dated 11.08.2018 and cannot form the basis to allow petition
has been filed by the Petitioner against the impugned judgment and
part of the records of the case in the Court below against whose
5. GROUNDS:
Leave to appeal has been sought on the following amongst other
another:
B. Because the Hon’ble High Court passed the impugned order in the
form the basis to allow a petition filed under Section 11 (5) read
D. Because the Hon’ble High Court while passing the impugned order
do not even refers to the MoU dated 11.08.2018 and cannot form
the basis to allow petition under Section 11 (5) read with 11 (6) of
E. Because the Hon’ble High Court while passing the impugned order
limitation.
F. Because the Hon’ble High Court while passing the impugned order
and cannot form the basis to allow petition under Section 11 of the
G. Because the Hon’ble High Court while passing the impugned order
dated 11.08.2018.
H. Because the Hon’ble High Court while passing the impugned order
I. Because the Hon’ble High Court while passing the impugned order
MoU.
J. Because the Hon’ble High Court while passing the impugned order
MoU.
10
K. The petitioner craves leave to further add the grounds at the time of
documents place before this Hon’ble Court but the same could not
be filed by the Petitioner before the Hon’ble High Court despite his
best efforts.
A. Because the Hon’ble High Court vide impugned order has already
7. MAIN PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court
may be pleased to:
(b) pass any such other or further orders as this Hon’ble Court
8. INTERIM RELIEF
(b) pass any such other and further orders as this Hon’ble Court
[Arising out of the impugned judgment and final order dated 29.08.2022
passed by the Hon’ble High Court of Delhi at New Delhi in Arb. Petition
No. 627/2022]
CERTIFICATE
Certified that the Special Leave Petition is confined only to the pleadings
before the High Court whose order is challenged and the other documents
relied upon in those proceedings. No additional facts documents or
grounds have been taken therein or relied upon in the SLP. It is further
certified that the copies of the documents/annexures attached to the
Special Leave Petition are necessary to answer the question of law raised
in the petition or to make out grounds urged in the Special Leave Petition
for consideration of his Hon’ble Court. The certificate is given on the
basis of instructions given by the Petitioners whose affidavit is filed in
support of the Special Leave Petition.
Filed By:
KUMAR MIHIR
ADVOCATE FOR THE PETITIONER
Dated: 24.09.2022
13
IN THE SUPREME COURT OF INDIA
CiVIL APPELLATE JURISDICTION
SCR ORDER XXI RULE 3 (1) (a)
UNDER ARTICLE 136 OF CONSTITUTION OF INDIA
[Arising out of the impugned judgment and final order dated 29.08.2022
passed by the Hon'ble High Court of Delhi at New Delhi in Arb. Petition
No. 627/2022]
DEPONENT
VERIFICATION
Verified at New Delhi on thi day on59ptember, 2022, the contents
of the above aftidavit from Para 1 to 4 are irue and correct to best of my
knowledge and belief, no part of it is false and nothing material has been
concealed there from.
DEPONENT
Erecutan/Deponent
**
Jeiore
the
t o e y
s i g n e t
I
Who
AR ATTE
SURYA PRAMASH
Regd. 03/Nu. OvoCAT
P NOTARY PUBLIC
EXP 02/i92ELHI
/02692020 GOVT. OF INDIA
Government
- - - of National
.. --
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Capital---Territory
- -
of Delhi
- -- ~_ - - -_._ ---~
e-Stamp
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MEMORANDUM OF UNDERSTANDING
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16
1. MR. SANDEEP KUMAR SHARMA, slo Mr . Mange Ram Sharma, an individu al, being a cit izen
of India, by occupation - Business and residing at Flat No. 1002, Tower 4, Unite ch Harmony,
Nirvana Country, Sector 50, South City - II, Farrukh Nagar, Gurgaon - 122018, Haryana
(Aadhar No. 722130238548 and PAN GGVPS705 6H), hereinafter referred to as the "First
Party", which expression shall, unless excluded by or repugnant to the context, be deemed
to include his heirs, executors , administrators, representatives and assigns of the ONE
PART; and
2. MR. RAKESH AHUJA, s/o Sh. Manohar Lal Ahuja, an individual, being a citizen of India, by
occupation - Business and residing at B-489, New Friends Colony, Delhi - 110025, (Aadhar
No. 583989685093 and PAN ACWPA6537C ), hereinafter referred to as the "Second Party",
which expression shall, unless excluded by or repugnant to the context, be deemed to
include his heirs, executors, administrators, represent at ives and assigns of the SECOND
PART.
Each of the above are hereinafter individually referred to as a "Party" and collectively referred to as
"Parties".
WHEREAS:
A. The First Party is in the process of purchasing land being "All that piece and parcel of land
admeasuring 2274.67 sq. mts. at Block - B, Safdarjung Enclave, bearing Khasra No. 42/2 in Village
Humanyur, Delhi" (hereinafter referred to as the "Subject Property" and more fully described in the
Schedule A to this MoU) from its current owners.
B. The First Party had approached the Second Party with a proposal to enter into a Joint
Venture for the development and construction of flats as per current and futu re norms on the
Subject Property and for executing a Joint Venture Agreement in this regard, pursuant to
th
confirmation of sale of the Subject Property from its current owners to the First Party by 30
September 2018.
)
C. The First Party represents and warrants that he has verified that the Subject Property is free
from all sorts of encumbrances charges, liens, claims, disputes, court proceedings, lease, prior
agreements and except the aforesaid current owners, no other person has any right, title or interest
in the Subject Property in any manner whatsoever etc. and that the current owners of the Subject
Property have applied for various approvals, permits and licenses with the concerned authorities
and that the Deed of Sale shall be registered in his favour upon approval of the site plan, layout etc.
by the relevant authorities by so" September 2018.
D. The Second Party based on the representations and warranties of the First Party agrees to
finance the development/ construction of the flats on the Subject Property and provide necessary
funds as advance for purchase of the Subject Property and/ or for obtaining the necessary approvals
from the local/government authorities.
. ~.
17
E. The Part ies have mutua lly agreed to undert ake the developmen t and construction of t he
Subject Property in accordance with th e te rms and condit ions enumerated in th is Mo U and agree to
share th e profits of such developme nt in the rat io as provided herein.
F. The Parties are desirous of record ing the same under th is MoU. It is therefore the intention
of the Parties to execute this MoU.
In consideration of th e mutual covenants and agreement s set fo rth herein, t he Part ies. intending to
be legally bound by this MoU, hereby agree as follows :
1. Purpose
This MOU is entered into between the Parties for the purpose of recording their understanding with
a view to safeguarding the monies being paid by the Second Party to the First Party and as a prelude
to entering into a Joint Venture Agreement for the development and construction of flats on 10
plots of land to be plotted on the Subject Property and the Parties have unconditionally agreed to
provide their due and lawful performance therein in good faith .
2. Duration
This MOU is at-will and may be modified with the mutual consent of the Parties. It shall become
effective from the date of signing by the Parties and will remain in effect until 30/09/2018, by which
t ime the First Party would have completed all obligations on its part under the MoU and the Parties
shall necessarily have entered into the Joint Venture Agreement for the development of the Subject
Property. This MOU shall automatically dissolve once the Joint Venture Agreement has been
entered, unless the two Parties decide otherwise and extend the same. In case of dissolution of this
MoU w ithout the Parties entering into the Joint Venture Agreement for any reason whatsoever,
then the Second Party shall be entitled to recover all monies paid by him to the First Party along
w ith interest and penalty in terms of this MoU .
3.1 The Parties shall render the due and lawful performance of the obligations of the MoU and
shall always do so in good faith, which is the essence of th is MoU .
3.2 The First Pa rty shall be responsibl e for the regist ration of the deed of sale pertaining to the
Subject Property in his favour and for obtaining any and all approvals and permits from the
relevant authorities for the development/construction of the Subject Property by
30.09.2018.
3.3 The Second Party shall pay to the First Party an amount of Rs. 18,50,00 ,000/- (Rupees
Eighte en Crores fifty lacs only) in the manne r set out in Clause 4 below along with 50% of
V
18
the constructed area of th e total number of Flats on the Subject Propert y on FOC basis, for
purchase of Subject Property and development / const ruct ion to be carri ed out thereupon .
3.4 The First Party shall, in good faith , provide 2 (t wo) personal immovable properties owned by
him, to the Second Party as collate ral security against the payments made by the Second
Party to the First Party. The collateral properties are more fully described in Schedule B of
this MoU .
3.5 Pursuant to the purchase and registration of the Subject Property in favour of the First
Party, the First Party shall get at least 1 (one) plot of minimum area 180 sq. mt ., out of the
Subject Property registered in favour of the Second Party or its nominee by 30.09.2018.
3.6 In the event of any default by the First Party, the Second Party shall be entitled to recover its
dues from the First Party by way of sale, mortgage, .Iease or attachment of the collateral
security as per 3.4 above, subject to clause no. 4.3 below.
3.7 The First Party shall use the funds provided by the Second Party exclusively for the purpose
of purchasing the Subject Property , obtaining approvals from the relevant authorities for the
development of and construction on the Subject Property and/or matters incidental thereto
and shall not divert the same for any other purpose, whatsoever.
3.8 The Parties shall execute the Joint Venture Agreement no later than 2 months from the date
of execut ion of this MoU, but preferably by 30.09.2018.
3.9 The Parties, specially the First Party shall not conceal or withhold any material facts, details
or information from the other Party, especially relating to the Subject Property and status of
approvals, with a view to cause loss or damage to the other Party or even otherwise .
3.10 The Parties shall be completely honest and forthcoming in their dealings and neither Party
should attempt to deprive the other of their monies/earnings for own personal benefits.
3.11 Neither party shall do anything, directly or indirectly, to injure the right of the other party or
third parties or do any such acts that are unlawful or otherwise prohibited under this MoU .
4. Payments
4.1 The Second Party shall pay a total amount of Rs. 18,50,00,000/- (Rupees Eighteen Crores &
Fifty Lakhs only) to the First Party in the manner as provided below:
b. A further amount of Rs. 3,00,00,000/- (Rupees Three Crores Only) shall be paid pursuant
to the happening of all th e following events :
19
• DDA order on sub division of Subject Propertv indicatin g minimu m 10 plots.
• Approval of Layout Plan from DDA
• Approva l of Plot Map plan from MCD (Individually for 10 or mor e plots)
• Execution of Deed of Sale \ GPA for all plots in favour of the First Party
• Sale and Regi stration of at least one plot out of the Subject Property in favour of the
Second Party.
c. The balance amount shall be paid in accordance with the terms and conditions to be
mutually agreed upon by the Parties at the time of execution of the Joint Venture
Agreement.
4.2 Additionally, the Second Party shall also share 50% of the constructed area of the total
number of flats on the Subject Property on FOC basis.
4.3 In the event the First Party is unable to purchase the Subject Property and/ or obtain all the
necessary approvals and permits from the government/ local authorities before the 30th
September, 2018, he shall promptly refund the entire amounts paid by the Second Party till
that date within 15 (fifteen) days, l.e. by 15 October 2018 along with interest @ 18% per
annum from date pf payment till date of refund . Any delay in the refund of money beyond
the stipulated 15 (fifteen) days shall be subject to a penalty to be paid at an additional rate
of 18% per day for up to 31/10/2018 and thereafter the Second Party shall be free to
proceed as per clause no. 3.6
5. Non - Disclosure
Both Parties agree not to disclose any of the matters set forth in this MoU or disseminate or
distribute any information concerning the terms, details or conditions hereof to any person, firm or
entity, without obtaining the written approval of the other Party, during the subsistence of this
MoU .
)
Both the Parties shall hold and maintain the information received by it in the course of their mutual
dealings in strictest confidence and shall carefully restrict access to any confidential information to
employees, contractors and third parties as is reasonably required and shall require those persons
to sign nondisclosure restrictions at least as protective as those in this MoU. Neither Party shall,
without prior written approval of other Party, use for its own benefit, publish, copy, or otherwise
disclose to others, or permit the use by others for their benefit or to the detriment of the other
Party, any confidential information.
Provided however that the foregoing non -disclosure obligation shall not apply to :
(i) Any disclosure made by either of the Parties pursuant to requirements under law, rule or
regulation or the order of any court or adm inistrat ive agency or in any pending legal or
administrative ,proceeding or pursuant to any direction, request or requirement (whether or
- g.. 20
not having the fo rce of law) of any centr-a l bank or any governmenta l, regulatory, supervisory
or oth er authority; or
(ii) Any disclosure made by either of the Parties upon the request or demand of any regulatory
authority having jurisdiction over either of the Parties or any of the ir respective affiliates; or
(iii) Any information, to the extent that such information was or becomes publicly available other
than by reason of disclosure by either of the Parties in violation of this MoU or was or
becomes available to either of the Parties or its affiliates from a source which is not known by
such Party to be subject to non-disclosure obligation; or
(iv) Any information, which is or comes into public domain without any default on the part of
either of the Parties.
6. Indemnity
That in case any of the representations/ assurances made by the First Party is found to be untrue
and/or if the whole or any portion of the said Second Party's allocation (to be fully described in the
Joint Venture Agreement) is ever taken away or goes out from the possession of the Second Party
on account of any legal defect in the ownership and title of the current owner, then the First Party
will be liable and responsible to make good all loss suffered by the Second Party on this account and
shall keep the Second Party saved harmless and indemnified against all such costs, damages, losses,
suffered by the Second Party, from his properties and assets both movable and immovable.
Further, the First Party shall indemnify and hold harmless the Second Party and its other
companies/firms, directors, partners, officers, employees, agents, stockholders, affiliates and
customers from and against all allegations, claims, actions, suits, demands, damages, liabilities,
obligations, losses, settlements, judgments, costs and expenses (including without limitation
attorneys' fees and costs) which arise out of, relate to or result from any act or omission of the First
Party.
7. Applicable Law
The construction, interpretation and enforcement of this MOU shall be governed by the laws of the
India. The courts of the New Delhi shall have the exclusive jurisdict ion over any legal action arising
out of this MOU and over the parties .
8. Dispute Resolution
a. Negotiation
Both the Parties agree to negot iate in good faith and use reasonable efforts to settle any
dispute, controversy or claim arising from or related to this MoU (each, a "Dispute") . In the
event that the Pa rtie s are unab le to, within 30 (Thirty) days, to reach a resolution, such
-- 9- 21
Dispute shall be referred for negotiation to a mutually acceptable party who shall attempt in
good faith to reach a resolution of the Dispute. If the foregoing procedures fail to achieve a
mutually satisfactory resolution within 30 (Thirty) days, then either of the Parties may, by
written notice to the other Party, elect to have the matter settled by binding arbitration.
b. Arbitration
Any Dispute not resolved by way of Negotiation shall be referred to binding arbitration
under the Indian Arbitration and Conciliation Act, 1996 and the rules made there under, as
amended and in force, from time to time.
(iv) Mr. Gurmeet Singh 5/0 Sh trilok Singh rio C-168 , Anand Vihar , Delhi - 110092 ,
shall be the sole Arbitrator.
9. Amendment
Either Party may request changes to this MoU. Any changes, modifications, revisions or
amendments including any extension to this MoU which are mutually agreed upon by and between
the Parties to this MoU shall be incorporated by written instrument, and effective when executed
and signed by all Parties to this MoU.
10. Severability
Should any portion of this MoU be judicially determined to be illegal or unenforceable, the
remainder of the MoU shall continue in tull torce and ettect, and either party may renegotiate the
terms affected by the severance.
This MOU represents the ent ire and integrated agreement between the Parties and supersedes all
prior negotiations, representations and agreements, whether written or oral.
-- ID"
22
IN WITNESS WHEREOF, th e Partie s hereto have executed th is MoU on the day and year f irst ab ove
writt en in presence of the witne sses hereunder written .
WITNESSES:
1.
2. c:;~
s. ~ ~o,'Q .s.~~ , 5(.. A· ~ '5 ~
~
t-NVVl '
r
fJ - ~ 4 5 'G7 . rJ7, Co4y M ~"t ~ y V,' kt.Y\ SECOND PARTY
rA~>, ~~\I _ ~ c..
v
-f. C.:
- u- 23
Sdll'dlllc A - S u h ject PnlPlTty
)
/~ Second Party
- 12-- 24
Sched ule B- C olla ten ll Se cu ri tv
1) Apartment No. KLP0021103 in Tower 02, Kalypso Court Situated at Sector 128
Jaypee Greens Wish TOWIl, Noida, Uttar Pradesh, registered in favor of first party vide
Bahi no 1 Zild no. 7225 pages from 257 to 324 , serial no. 3212 dated 23/05/2017 at Sub
Registrar ( First) Noida (Original documents provided by the First Party ) \';
~~
r::z. p.J,. ~J\)
(.5At'P Jr-
2) I .No.53-P, [ectnr-S, Urban Estat urushctra , r 'ehsil-T resar Are~~O._Sq mtr
(538, Sq yds) re . itered in favor of firs jarty vide SCI "11 no 66 dated 2~;~~012 at
Sub Rc istrar , Than rar (Kurushetra ) H. 'ya na (Origin dOCLlI11C ts provided by the
First Part
Second Party
)
·.'
ANNEXURE-P-2 25
I . 'I
. .: .1
S
I This AGREEMENT TO SELL is e'xecuted at Naida on5':.4day of Oct 2019 by and between;
I MR. SANDEEP SHARMA, S/o Mr. Mange Ram Sharma, an individual, being a citizen of India,
by occupation - Business and residing at Flat No. 1002, Tower 4, Unitech Harmony, Nirvana
~ Country, Sector 50, South City -II, Farrukh Nagar, Gurgaon -- 122018, Haryana (Aadhar No.
722130238548 and PAN GGVPS7056H), hereinafter referred to as the "First Party", which
~ expression shall, unless excluded by or repugnant to the context, be deemed to ir.clude his
heirs, executors, administrators, representatives and assigns of the ONE PART; and
,"
IN FAVOUR OF
I MR. RAKESH AHUJA, S/o Sh. Manohar Lal Ahuja, an individual, being a citizen of India, by
occupation - Business and residing at 8-489, New Friends Colony, Delhi - 110025, (Aadhar
fi No. 583989685093 and PAN ACWPA6537C ), hereinafter referred to as the "Second Party",
~ which expression shall, unless excluded by or repugnant to the context, be deemed to
include his heirs, executors, administrators, representatives and assigns of the SECOND
,.0. "' ~ '\.$1' '.
~ PART. , !Jtj'; :. g
f
--- "
r.
f
26
-/8 --
WHEREAS :
THE FIRST PARTY IS OWNER AND POSSESSEION OF H.NO . 53-P, SECTOR-3. UR BAN
ESTATE, KURUS HETRA , TEHSIL-THANESAR AREA 450 SQ MTR (538 .2 SQ YDS)
REGISTERED IN FAVOR OF FIRST PARTY VID E SERIA L NO 6667 DAT ED
26/09/2012 AT SUB REGISTRAR , TH.ANESAR (KURUS HET RA) I-lARYANA, HEREIN
AFTER CALLED THE SAID PROPERTY
AND WHEREAS the FIRST PARTY, for his bonafide needs and requi rements of funds, have
agreed to sell, convey , transfer and assign to the SECOND PARTY and the SECOND PARTY
has agreed to purchase the along with all ownership right s in the said property admeasuring
450 square metres , bearing No. H.No. 53-P, Sector-3, Urban Estate, Kurushetra , Tehsil-
Thanesar Haryana, with all rights, title and interest, easements, privileges and appurtenances
thereto, with all f ittings, fixtures, electricity and water connections, civil structure , build ing
standing thereon, with all rights in common driveway, entrances, passages, staircase ,
Parkings and other facilities and amenities provided therein, for a total sale consideration of
Rs. 1,30,00,000/- (Rupees One Crore thirty lacs Only).
That total agreed consideration is the sum of Rs. 1,30,00,000/- (Rupees One Crore thirty
Lacs Only), and a sum of Rs. 1,30,00,000/- (Rupees One Crore thirty lacs Only) as advance
and full and final payment has been already received by the FIRST PARTY from the SECOND
PARTY, in the following manner; -
FIRST PARTY hereby admits and acl<nowledges the receipt of above payments and confirm
that No Balance amount to be receivable by the FIRST PARTY from the SECONO PAl{ I Y,
Registration of the Sale Deed is just pending due to non avalbility of Second Party, the FIRST
PARTY doth hereby agree to grant, convey, sell, transfer and assign all his rights, titles and
interests in the said portion of the said property, fully described above, together with
proportionate undivided, indivisible and impart ible ownership rights in the land underneath
the said plot and building thereon to the SECOND PARTY, on the terms and conditions
herein conta ined provided that nothing herein stated shall confer or deemed to have
conferred upon the SECOND 'PARTY exclusively any right or title to the common dr iveway,
passages, staircase, overhead water tanks, Car Parkings ,sewers, water meters and other
common facilities to the exclusion of the FIRST PARTY and or t he• SECON
.
, r ~;'
D PARTY or owners
or occupants of the other plots of the said location. . ;.:./, . ~ ;
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That the possession of the said property is delivered by the FIRST PARTY to the SECOND
PARTY on execution of this Agreement to Sell, as full considration has been paid by Second
Party by First Party.
That the FIRST PARTY will execute and get the Sale Deed of the said property registered, in
favour of the SECOND PARTY or his nominee/s, on demand in 7 days notice, failing which
SECOND Party shall be entitled to get the Sale Deed registered through the court of law by
SPECIFIC PERFORMANCE OF THE CONTRACT, at the cost and expenses of the FIRST party.
That the FIRST PARTY hereby assures the SECOND PARTY that the FIRST PARTY has neither
done nor been party to any act whereby the FIRST PARTY's rights and title to the said
portion of the said property may in any way be impaired or whereby the FIRST PARTY may
be prevented from transferring the said portion of the said property. That the FIRST PARTY
hereby declares and represents that the said property is not subject matter of any HUF and
that no part of the said portion of the said property is owned by any minor. That the FIRST
PARTY assures the S~COND PARTY that the said portion of the said property is free from all
kinds of encumbrances such as prior Sale, Gift, Mortgage, Will, Trust, Exchange, Lease, legal
flaw, claims, prior Agreement to Sell, Loan, Surety, Security, lien, court injunction, litigation,
stay order, notices, charges, family or religious dispute, acquisition, attachment in the
decree of any court, hypothecation, Income Tax or Wealth Tax attachment or any other
registered or unregistered encumbrances whatsoever, and if it is ever proved otherwise, or
if the whole or any part of the said portion of the said property is ever taken away or goes
out from the possession of the SECOND PARTY on account of any legal defect in the
ownership and title of the FIRST PARTY then the FIRST PARTY will be liable and responsible
to make good the loss suffered by the SECOND PARTY and keep the SECOND PARTY saved,
harmless and indemnified against all such losses and damages suffered by the SECOND
PARTY.
That the house tax, water and electricity charges and other dues and demands if any
payable in respect of the said property shall be paid by the FIRST PARTY upto the date of
registry and thereafter the SECOND PARTY will be responsible for the payment of the same.
That a separate electric and water meter have been provided in the saidplot-for-the'- -'- - '
exclusive use of the owner(s)joccupants of the said property.
That the SECOND PARTY have full right to nominate or assign this Agreement to Sell in
favour of any person or persons, or exec.ute futher Agreement to Sale with third party I and
received payment against it I be it a firm, body corporate or association of person and the
FIRST PARTY shall have no objection t~ it and the First party will execute the Sale deed as
per the instructions of Second Party without any demand or cost within 7 days notice.
In case of Further Sale of Said property by the Second Party to a Third Party before the
execution of Sale Deed in favor of Second Party by First party, th G-tptal amount of such sale
shall be received immidiatelly by Second Party I no matter i~rNthan the considration
paid by Second Party to First Party under this agrcernen an ~ e
Je q r. .j.f-for the sake of
4
convenience the fullvanv part of such sale consldratlon ~i 1ldG'-~~t pa)r~t~. by the Thiyrd/
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Party / The First party shall pay the entire such amount immidiately to Second Party and The
First Party shall NOT hold or Demand any potion of such sale considration.
The First Party shall arrange at his cost all the permissions\NOC\Approval from the Builder /
Development Authority or from any other agency to excecuted Sale deed in favor of Second
Party or its Nominee or Assignee.
That pending execution of registry, 'the FIRST PARTY neither shall enter into any agreement
of sale in respect of the said property or any part thereof nor shall create any charges,
mortgage, lien or any arrangement, ln respect of the said property in any manner
whatsoever.
That the Original copies of all relevant documents in respect of the said property have been
delivered by the FIRST PARTY to the SECOND PARTY. That all the expenses of the Sale Deed
viz. Stamp Duty, Registration charges, etc. shall be borne and paid by the SECOND PARTY.
That this transaction has taken place at Naida. As such, Naida Courts shall have exclusive
jurisdiction to entertain any dispute arising out of or in any way touching or concerning this
Deed.
IN WITNESS WHEREOF, the FIRST PARTY and the SECOND PARTY have signed this
AGREEMENT TO SELL at Naida, on ,the date first mentioned above in the presence of the
following witnesses.
)
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FIRST PARTY.
2.
SECOIt:::TY.
-- .... ""
ANNEXURE-P-3 - - 29
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Q
R This AGREEMENT TO SELL is executed at ~oida on .?~. day of Oct 2019 by and between;
MR. SANDEEP KUMAR SHARMA, S/o Mr. Mange Ram Sharma, an individual, being a citizen
I of India, by occupation - Business and residing at Flat No. 1002, Tower 4, Unitech Harmony,
M Nirvana Country, Sector 50, South City - II, Farrukh Nagar, Gurgaon - 122018, Haryana
(Aadhar No. 722130238548 and PAN GGVPS7056H ), hereinafter referred to as the "First
D Party", which expression shall, unless excluded by or repugnant to the context, he deemed
to include his heirs, executors, adrnlnlstrators, representatives and assigns of the ONE
) ~ PART; and
IN FAVOUR OF
I MR. RAKESH AHUJA, S/o Sh-. Manohar Lal Ahuja, an individual, being a citizen of India, by
e occupation - Business and residing at B-489, New Friends Colony, Delhi - 110025, (Aadhar
g No. 583989685093 and PAN ACWPA6537C ), hereinafter referred to as the "Second Party",
" which expression shall, unless excluded by or repugnant to the context, be deemed to
6 include his heirs, executors, administrators, representatives and assigns of the SECOND
~
30
WHEREAS:
THE FIRST PARTY IS OWNER AND POSSESSEION OF APARTMENT NO. KLP00 21103 IN TOWER
02 , KALYPSO COURT SITUATED AT SECTOR 128 JAYPEE GREENS WISH TOWN, NOIDA,
UTIAR PRADESH, REGISTERED IN FAVOR OF FIRST PARTY VIDE BAHI NO 1 ZILD NO. 7225
PAGES FROM 257 TO 324, SERIAL NO. 3212 DATED 23/05/2017 AT SUB REGISTRAR ( FIRST)
NOIDA, HEREIN CALLED THE SAID PROPERTY
AND WHEREAS the FIRST PARTY for his bonafide needs and requirements have agreed to
sell, convey, transfer and assign to the SECOND PARTY and the SECOND PARTY has agreed
to purchase the along with proportionate, undivided, indivisible and impartible ownership
rights in the said property admeasuring 328.63 square metres, bearing No. KLP0021103 in
Tower 02 , Kalypso Court Situated at Sector 128 Jaypee Greens Wish Town, Noida, Uttar
Pradesh, with all rights, title and interest, easements, privileges and appurtenances thereto,
with all fittings, fixtures, electricity and water connections, structure standing thereon, with
all rights in common driveway, entrances, passages, staircase, Parkings and other common
facilities and amenities provided therein, for a total sale consideration of Rs. 1,70,00,000/-
(Rupees One Crore , Sevety Lacs Only).
That total agreed consideration of the sum of Rs. 1,70,00,000/- (Rupees One Crore Seventy
Lacs Only), and a total sum of Rs. 1,70,00,000/- (Rupees One Crore Seventy Lacs Only) as
advance and full and final payment has already been received by the FIRST PARTY from the
SECOND PARTY, in the following manner; -
2. RTGS of 50,00,000/- in favor of Sandeep Kumar Sharma on dated 16/08/2018 from Axis
Bank, Sector - 62 Noida.
3. RTGS of 20,00,000/- in favor of Sandeep Kumar Sharma on dated 17/09/2018 from Axis
Bank, Sector - 62 Noida.
FIRST PARTY hereby admits and acknowledges the receipts of above payments , and confirm
that No Balance amount to be receivable now by the FIRST PARTY from the SECOND PARTY,
Registration\Execution of the Sale Deed is just pending due to non avalbility of Second Party
, the FIRST PARTY doth hereby agree to grant, convey, sell, transfer and assign all his rights,
titles and interests in the said portion of the said property, fully described above, together
with proportionate undivided, indivisible and impartible ownership rights in the freehold
land underneath the said building to the SECOND PARTY, on the terms and conditions
herein contained provided that nothing herein stated shall confer or deemed to have
conferred upon the SECOND PARTY exclusively any right or title to the common driveway,
passages, staircase, overhead water tanks, Car Parkings , s e w~s,._l.:Y a ter meters and other
common facilities to the exclusion of the FIRST PARTY and, oA he E 'OND . PARTY or owners
or occupants of the other units of the said building. !( If., l:l \ , r r / "
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That the possession of the said property is delivered by the FIRST PARTY to the SECOND
PARTY on execution of this Agreement to Saell, as full consdration has been paid to him by
Second Party.
That the FIRST PARTY will execute and get the Sale Deed \ Lease or Sub Lease Deed of the
said property registered, in favour of the SECOND PARTY or his nominee/s, on demand in 7
days notice, failing which SECOND Party shall be entitled to get the Sale Deed registered
through the court of law by SPECIFIC PERFORMANCE OF THE CONTRACT, at the cost and
expenses of the FIRST party.
That the FIRST PARTY hereby assures the SECOND PARTY that the FIRST PARTY has neither
done nor been party to any act whereby the FIRST PARTY's rights and title to the said
portion of the said property may in any way be impaired or whereby the FIRST PARTY may
be prevented from transferring the said portion of the said property. That the FIRST PARTY
hereby declares and represents that the said property is not subject matter of any HUF and
that no part of the sald portion of the said property is owned by any minor. That the FIRST
PARTY assures the SECOND PARTY that the said portion of the said property is free from all
kinds of encumbrances such as prior Sale, Gift, Mortgage, Will, Trust, Exchange, Lease, legal
flaw, claims, prior Agreement to Sell, Loan, Surety, Security, lien, court injunction, litigation,
stay order, notices, charges, family or religious dispute, acquisition, attachment in the
decree of any court, hypothecation, Income Tax or Wealth Tax attachment or any other
registered or unregistered encumbrances whatsoever, and if it is ever proved otherwise, or
if the whole or any part of the said portion of the said property is ever taken away or goes
out from the possession of the SECOND PARTY on account of any legal defect in the
ownership and title of the FIRST PARTY' then the FIRST PARTY will be liable and responsible
to make good the loss suffered by the SECOND PARTY and keep the SECOND PARTY saved,
harmless and indemnified against all such losses and damages suffered by the SECOND
PARTY. .
That the Society Maintenance Chargres , house tax, water and electricity charges and other
dues and demands i~ any payable in respect of the said property shall be paid by the FIRST
PARTY upto the date of registry and thereafter the SECOND PARTY will be responsible for
the payment of the same.
)
That the proportionate commo~ maintenance charges will be paid by all the
occupants/owners of the said building in proportion of the area occupied by them. That the
SECOND PARTY shall have full right of access through staircase to the top terrace at all
reasonable times to get the overhead tank repaired/cleaned etc. and to install T.V. Antenna.
That the SECOND PARTY shall have, as a matter of right, right to use al] entrances, passages,
staircases and other common facilities as are available in the said building.
The First Party shall arrange at his cost all the permissions\NOC\Approval from the Builder,
Development Authority or from any other agency to excecuted Sale d eed in favor of Second
Party or its Nominee or Assignee .
32
damaged or not remaining in existenc e on any account whatsoe ver t hen th e SECOND PARTY
shall have the proportionate rights in the land alongwith other own ers of th e building and
shall have the right to raise construction in proportion to the one as now being sold
conveyed and being transferred under this Agreement to Sell.
That the SECOND PARTY have full right to nominate or assign thi s Agreement to Sell in
favour of any person or persons, or execute futher Agreement to Sale with third party and I
received payment againest it , be it .a firm , body corporate or association of person and the
FIRST PARTY shall have no objection to it and the First party will execute the Sale deed as
per the instructions of Second Party without any demand or cost within 7 days notice.
In case of Further Sale of Said property by the Second Party to a Third Party before the
execution of Sale Deed in favor of Second Party by First party, the total amount of such sale
considration shall be received immidiatelly by Second Party, no matter it is more than the
considration paid by Second Party to First Party under this agreement and moreover if for
the sake of convineinace the full \any part of such sale considration is paid to First Party by
the Third Party and Sale deed is direcly excuted between First and Third Party. The First
Party will pay the entire amount to Second Party and shall NOT hold or Demand any potion
of such sale considration.
That pending execution of registry, the FIRST PARTY neither shall enter into any agreement
of sale in respect of the said property or any part thereof nor shall create any charges,
mortgage, lien or any arrangement, in respect of the said property in any manner
whatsoever.
That the Original copies of all relevant documents in respect of the said property have been
delivered by the FIRST PARTY to the SECOND PARTY. That all the expenses of the Sale Deed
viz. Stamp Duty, Registration charges, etc. shall be borne and paid by the SECOND PARTY.
That this transaction has taken place at Noida. As such, Noida Courts shall have exclusive
jurisdiction to entertain any dispute arising out of or in any way touch ing or concerning this
Deed.
IN WITNESS WHEREOF, the FIRST PARTY and the SECOND PARTY have signed this
AGREEMENT TO SELL at Nelda, on the date first mentioned above in the presence of the
following witnesses.
FIRST PARTY.
2. tr ,/
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[SECOND PARTY.
ANNEXURE-P-4 ... 13·
33
FD 087358
PART.
---
34
WHEREAS:
A. The First Party is in t he process of pur chasing land being "A ll t hat piece and parcel of land
admeasuring 2274.67 sq. mt s. at Block - B, Safdarjung Enclave, bearing Khasra No. 42/2 in Village
Humanyur, Delhi"Jh ereinafter referred to as the "Subject Property" and more fully described in the
Schedule A to th is M oU) from its cur rent Land Owners.
B. Both the part ies have entered into Memorandum to Under stand ing on dated .fo r
above mentioned Subject Property.
C. The First Party repre sents and warrants that he needs some more time to close the
transaction as agreed in MOU dated and all the rumors about the sale of subject property to
any other third party by him or by the Current owners is fake and has no lags to stand.
D. The First Pa rty has received a sum of Rs 3,20,00,000.00 from Second Party under MOU
dated .
In consideration of the mutual covenants and agreements set forth herein, the Parties, int ending to
be legally boun d by th is Addendu m to MoU , hereb y agree as follows:
1) The First Party will arrange the direct agreement to sell between the Current Owner of the
Land and Second Party by 30/10/2019 on the same terms of MOU dated .
2) In case the First party unable to arrange the execution of Direct Agreement as mentioned on
above point no 1 by 30/10/2019, he will refund a total sum ofRs6,40,OO,OOO.00 ( Rs Six Crore
and Forty Lacs only) , total of principal and interest by 7/11/2019 to Second Party.
3) Further if First Party is not able to pay Rs. 6,40,00,000.00 ( Rs. Six Crore and Forty Lacs only)
by 7/11/2019 , the properties offered as security (As per Schedule B ) to Second Party by
First Party, the Second party shall have full authority to sale those properties to realize the
dues from First Party . In case the properties does not fetch\rea lize enough money to pay Rs
6,40,00,000.00 dues of Second Parties, the First Pa rty shall arrange the balance in next 7
days time i.e. by 14/11/2019 and clear the dues in full .
IN WITNESS WHEREOF, the Partie s hereto have executed th is MoU on the day and year fi rst above
wr itten in presence of the witnesses hereunder written.
First Party
)
36
S,.'hcdllic B- ( 'ollall'ral Sl'ClI.-itV
2) H.No. 53-P, Sector-3, Urban Estate, Kurushetra, Tehsil-Thanesar Area 450 Sqrntr
(538.2 Sqyds) registered in favor of first party vide serial no 6667 dated 26/09/2012 at
Sub Registrar, Thanesar (Kurushetra ) Haryana ( Original documents provided by the
First Party)
---------.),
~ ~
First Party
C)
J?
--r. t -
J' ANNEXURE-P-5
37
BY SPEED POST advocat e s & so l ic i to rs
30 t h November, 2021
To,
Sandeep Kumar Sharma
Flat No. - 1002, Tower 4,
Unitech Harmony, Nirvana Country,
Sector 50, South City - II, Farrukh Nagar,
Gurgaon, Haryana - 122018
Also, At
Apartment No. KLP0021103, Tower - 02,
Kalypso Court, .Jay pee Greens Wish Town,
Noida (U.P.) - 201317
Also, At
H. No. 53-P,·Urban Estate, Sector - 3,
Kurukshetra, Tehsil - Thanesar,
Haryana - 136] 18
Sir,
On behalf of and under instructions from Mr. Rakesh Ahuja, S/o Mr.
Mariohar Lal Ahuja, R/o 8-489, New Friends Colony, New Delhi -
110025 (hereinafter referred as our "Client"), we hereby serve upon
you the following notice for the above-mentioned purpose:
5. That our Client now wishes and demands to get the sale deed
for the said Property to be executed and registered in his /
nominee's name and you are required to come to the office of
Sub-Registrar for performing your part of the Agreement by
fixing a mutually convenient date within 7 (seven) days from
receipt of this notice.
30 t h November, 2021
To,
Sandeep Kumar Sharma
Flat No. - 1002, Tower 4 ,
Unitech Harmony, Nirvana Country,
Sector 50, South City - II, Farrukh Nagar,
Gurgaon, Haryana - 122018
Also, At
Apartment No. KLP0021103 , Tower - 02,
Kalypso Court, Jaypee Greens Wish Town,
Noida (U.P.) - 201317
Also, At
H. No. 53-P, Urban Estate, Sector - 3,.
Kurukshetra, Tehsil - Thanesar,
Haryana - 136118
Sub: Legal notice to execute and register sale deed for H. No. 53-
P, Sector - 3, Urban Estate, Kurushetra, Tehsil - Thanesar,
Haryana - 136118
Sir,
5. That our Client now wishes and demands to get the sale deed
for the said Property to be executed and registered in his /
nominee's name and you are required to come to the office of
Sub-Registrar for performing your part of the Agreement by
fixing a mutually convenient date within 7 (seven) days from
receipt of this notice.
Also, At
Apartment No. KLP00211 03, Tower - 02,
I ) Kalypso Court, Jaypee Greens Wish Town,
Noida (U.P.) - 201317
Also, At
H. No. 53-P: Urban Estate, Sector - 3,
Kurukshetra, Tehsil - Thanesar,
Haryana-136118
Dear Sir,
We write to you on behalf of and under instructions from Mr. Rakesh Ahuja, S/o Sh.
Manohar Lal Ahuja, aged about 60 years, RIo B-489, New Friends Colony, New Delhi
- 110025 (hereinafter referred to as "our Client").
~L-
AGARWAL JElLEY & CO. - \.
A-2/78, Safdarjung Enclave, New Delhi -l10029 • Phone: 011 2616 1002/2616 1003 • Fax: + 91 11 2616 2612
E-mail: [email protected] • Web.: www.agarwaljetley.com
Offices: New Delhi I Bengaluru I Hyderabad I Chandigarh I Bhubaneswar
• 42
2. But you failed to fulfil your obligations as per terms of the MoU. However, on
your repeated requests and relying upon the assurances and promises from
you, our Client executed an Addendum to MoU dated 07.10.2019 (hereinafter
referred to as "Addendum"). It is pertinent to mention here that our Client
made full payment to you for the said purchase of the property.
3. To secure the interests of our Client, you executed 2 (two) separate Agreement
to Sell dated 05.10.2019 and 07.10.2019 for H. No. 53-P situated at Sector-
3, Urban Estate, Kurukshetra, TehsiJ - Thanesar and for apartment bearing no.
KLP002 I 103 Mts. situated at Tower 02, Kalypso Court, Jaypee Greens Wish
Town, Sector 128, Noida respectively.
4. That as per the terms of the Addendum, you were required to complete the
sale/purchase of Property by 30.10.2019 and execute agreement to sell in
favour of our Client. However, you miserably failed to facilitate the sale
purchase of the Property by aforesaid date.
5. Aggrieved by failure on your part, our Client issued a legal notice dated
30.11.2021 demanding you to perform your part of the obligation under the
said Agreement to Sell dated 05.10.2019 and 07.10.2019, but to no avail.
6. Thus, our client hereby invokes the Arbitration Clause No. 8(b) of the MoU
for adjudication on our claim for refunded amount/sell ofthe property. That as
per the Agreement the place of Arbitration shall be at Delhi.
7. In this context, as agreed in the MoU, we hereby appoint Mr. Gurmeet Singh,
Rio C-168, Anand Vihar, Delhi - 110092 as the Sole Arbitrator to adjudicate
the aforesaid claims. You are requested to provide your consent to the same at
the earliest but not later than 30 days on receipt of the notice.
J A copy of this notice has been preserved in our office for record and future course of
action.
Praveen Agarwal
Advocate
Agarwal Jetley & Co.
Advocates & Solicitors
ANNEXURE-P-7 43
VERSUS
MASTER INDEX
PETITION PART
INDEX-I
SLNO. PARTICULARS PAGES COURT FEES
1. Index - I 1- Z-
2. Urgent Application -3-
3. Notice of Motion -y--
4. Court Fees -5- 1~·5. 1 00 --
5. Memo of Parties b-"1
6. Synopsis along with List of Dates
and Events
g- II
7. Application under Section 11(6)
1'l--19
r/w Section 11(8) of the
Arbitration and Conciliation Act,
1996 along with Affidavit
8. Statement of Truth by way of 2o~21
Mfidavit
9. Affidavit of Service along with 7-'2. ~ 2-~
receipt
I", I
-1-'-1 ~ ....
10. Court fee for one time process fee I~ · I 57/1;1
44
APPLICATION PART
INDEX-II
SLNO. PARTICULARS PAGES COURT FEES
1. Index - II -1 -
2. Application under Section 151 of
the Code of Civil Procedure, 1908
7--S'
for exemption from filing
ortgtnal/certified copies of
documents, documents with left
margin and legible/dim copies of
the documents along with
supporting Affidavit
VAKALATNAMA PART
INDEX-III
SLNO. PARTICULARS PAGES COURT FEES
1. Index - III - I~
2. Vakalatnama -'2- -
DOCUMENT PART
INDEX-IV
SI. Detail of Document in Original Line of Page
No. Document power/ Custody No.
Or Photo
possession,
controll copy of
custody of
office copy
1. Index- IV I - l.-
THROUGH
1 0 • 0 ( - 7-D7--Y
J~5) f1A It
47
VERSUS
INDEX-I
- 2-
THROUGH ~L
AGARWAL JE LEY & CO.
ADVOCATE FOR THE P TITIONER
A-2/78, SAFDARJUNG ENCLAVE
NEW DELHI - 110029 IMOB: +91- 95820 12841
EMAIL: [email protected]
NEW DELHI
DATE: ,q.. ~ .. ZOZy
49
VERSUS
URGENT APPLICATION
To,
The Registrar,
The High Court of Delhi, New Delhi
Sir,
Kindly treat the accompanying Writ petition as an urgent one as
per the Delhi High Court Rules.
THROUGH OL~~
~ L~-=-t----=--
AGARWAL J TLEY & CO.
ADVOCATE FOR THE PETITIONER
A-2/78, SAFDARJUNG ENCLAVE
NEW DELHI - 110029 IMOB: +91 - 9582012841
EMAIL: aushkhare(.aarwal"etle .com
NEW DELHI
DATE: \ \ - 0{ - '-0"2- '2--
50
VERSUS
NOTICE OF MOTION
Sir,
THROUGH aJ;,L"t t~
A.,....~WrJrr-n:oIrtn~~CO .
r I/
j
q.l
'/
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\ IT 00020~ 637
GOVERNMENT OF NCT OF DELHI
I
o
~
o 0
DATE & TIM E: 0
o
0 0 11-MAY-2022 11:25:37 o 0
a a 0
o a o a
NA MES OF TH E ACCI REGISTERED USER : 0 0 SHC IL o
, 0 a 0 0
o o o 0
LOCATION: 0 o 0 DE LHI HIGH COURT ~ a
0
0
o 00
o o 0 Q
e-C0t75T RecEIPT NO : .' ' DLCT1120E2225L403 o 0 0 0
o
o 0 0
e-C OURT FEE AMOUNT : t100 o 0
o
o 0
o
o
0
0
( Rupees One Hundred Only)
o 0
a
o
0
0
0
I:
o
0 0 0
0
00
o
0 0
o 0 J
0 0
0 0 0 o 0
0
0 0 0 o 0 o 0
0
0 o
0 o 0
00
0
0
0
0 III" II11II 11111111111111111111111111111111111111111111111111 o o 0 0
o 0 DLCT1120E2225L403 o 0
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o
Statutory Alert: Tile au lhonUclly or this e-Court ree ~ecolpt should be yerlfiOd at www.shqle:lamp .co.m . /l.n ~ discrepancy In lhe
deta ils on (his receipt and as available on the website ronders II Invalid . In case 01any discrepancy please Inform tile O ompetent
Authorily . This recelpl ls valid only altor verillcaUon & locking by the Courl Ollicial. o~ a:> oQ:> oOaQ:>go 00 ~0 0 0 0
+
••+
52
VERSUS
MEMO OF PARTIES
RAKESH AHUJA
B-489, NEW FRIENDS COLONY,
NEW DELHI - 110025
EMAIL:[email protected]
PH NO.: +91 -8588808505
...PETITIONER!APPLICANT
VERSUS
SANDEEP SHARMA
FLAT NO. - 1002, TOWER 4,
UNITECH HARMONY, NIRVANA COUNTRY,
SECTOR 50, SOUTH CITY - II, FARRUKH NAGAR,
GURGAON, HARYANA - 122018
Als o, at-
APARTMENT NO. KLP0021103, TOWER-02,
KALYPSO COURT, JAYPEE GREENS WISH TOWN,
NOIDA UTTAR PRADESH-201317
Also , al-
H. NO. 53-P, URBAN ESTATE,
SECTOR-3 , KURUKSHETRA,
TEHSIL-THANESAR, HARYANA-136118
EMAIL: NOT AVAILABLE
PH. NO.: +91-9811052051
... RESPONDENT
53
AGARWALJ
ADVOCATE FOR THE ETITIONER
A-2/78, SAFDARJUNG ENCLAVE
NEW DELHI - 110029 I MOB: +91 - 9582012841
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EMAIL: ~s h khare a a arwal eUe oc o m
NEW DELHI
DATE: " .. O'S" ~ VJ Z.v
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54
BRIEF SYNOPSIS
DATES EVENTS
VERSUS
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59
11. That MoD has a clause for dispute resolution In the following
manner:
Clause 8:-
"a . Negotiation
b. Arbitration
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may
kindly be pleased to: -
MOV
a) Pass an order appointing a sole arbitrator to adjudicate the
claims( disputes between the par tie sa s pe r th e terms of t he
63
.. 11-
PETITIONERIAPPLICANT
THROUGH
.t ~ ~
ARW1tI;-'r'I::wR~rJ
VERIFICATION:
PETITIONER/ PPLICANT
64
VERSUS
VERIFICATION:
1 1 M~ Y 7022
I, a bovc nam cI Depon n t , v rifl ed at New Del hi on thi s _ ,t4 d ay of
May, 2022 that the contents of the above Affidavit are true and correct
to the best of my knowledge and belief and based on the records
maintained by the Petitioner/Applicant and that nothing material has
been concealed or suppressed therefrom.
S Io
,
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hal> s lc n.nly ~fll • ". ::d on;l ~e at Deihl
I \ . :f) :~+~1. .
~;~i· i·h·~..~~·~·t~~l; , ,jnvl'~,l·tllch have
:,1 ,. .. .;
been read Over s u;';~113Inad to Iiun~tru
& COl r e el 10 Ilis Knowlodge. ;1 1-
TAP1f-'>'
)
1 Mft y 2022
66
2 D..
VERSUS
years, Rio B-489, New Friends Colony, New Delhi - 110025," 'db-'·
hereby solemnly affirm and declare as under:
2. I am fully conversant with the facts of the case and have also
examined all the relevant documents and records in relation
thereto.
' ..f
4./ I say'/that the r e is no fa ls statement or con cealment of any
" I
(
law
PETITIONER APPLICANT
THROUGH
t;
e
68
TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
The contents of the Special Level Petition may be read as the part
69
of the present application and is not repeated herein for the sake of
2. That the certified copy of the impugned judgment and final order
has been applied for by the counsel of the Petitioner in the High
Court and was duly obtained also but the same is somehow
petition.
application.
PRAYER
It is, therefore, respectfully prayed that your lordships maybe pleased to:
(a) exempt the Petitioner from filing certified copy of the impugned
(b) Pass any other or further orders as may be deemed fit and proper in
BLICS
.. RESPONDENT;
AFFIDAVIT PRAAGH
SURYA
I, Sandeep Sharma S/o Sh. Mange Ram Sharma, aged@bout L years,
residing at Flat No. 1002, Tower 4, Unitech Harmony||Nirvana Country0"
Sector 50, South City I1, Farrukh
Nagar, Gurgaon 122018,Haryana,
-
befnr*
the bEPONENT
signed
ldentity
VERIFICATION
has
W h o
OT
AR
SURYA PRAKASH
DEPONENT
NC AD MIiHISHRA
ATE PU
EXP.Regd. 03/Nc 02/t92/0259/2020 C
ATTESTED
NOTARY PUBLIC
IND GOVT. OF INDIA
2 2 SEP 2022
72
MEMO OF PARTIES
RAKESH AHUJA
B-489, NEW FRIENDS COLONY,
NEW DELHI – 110025
EMAIL: [email protected]
PH NO.: +91-8588808505 ………PETITIONER/APPLICANT
VERSUS
SANDEEP SHARMA
FLAT NO. – 1002, TOWER 4,
UNITECH HARMONY, NIRVANA COUNTRY,
SECTOR 50, SOUTH CITY – II, FARRUKH NAGAR,
GURGAON, HARYANA – 122018.
Also, at:-
APARTMENT NO. KLP0021103, TOWER-02,
KALYPSO COURT, JAYPEE GREENS WISH TOWN,
NOIDA UTTAR PRADESH-201317
Also, at:-
H. NO. 53-P, URBAN ESTATE,
SECTOR-3, KURUKSHETRA,
TEHSIL-THANESAR, HARYANA-136118
EMAIL: NOT AVAILABLE
PH. NO.: +91-9811052051 ……….RESPONDENT
73
[Arising out of the impugned judgment and final order dated 29.08.2022
passed by the Hon’ble High Court of Delhi at New Delhi in Arb. Petition
No. 627/2022]
KUMAR MIHIR
AOR For Petitioner
Registration No. 2116
I-10, 1st Floor, Jangpura B,
New Delhi-110014
Mob. No. 9871130450
Email i.d- [email protected]
Date: 24.09.2022
VAKALATNAMA
IN THE SUPREME COURT OF INDIA
74
APPELLATE/ORIGINAL/CIVIL/CRIMINAL JURISDICTION
APPEAL/PETITIONER/REFERENCE/SUIT/REVIEW/WRIT/TRANSFER PETITION
S.L.P./T.P./w.P./SUIT/APPEAL (CIVIL/CRL.) NO._ OF 2022
BETWEEN:
SANDEEP SHARMA PETITIONER
VERSUS
RAKESH AHUJA RESPONDENT
Accepted:N TETITIONER
(Signature)
KUMAR MIHIR
(Advocate-on-Record) Code No. 2116
Address: I10,1* FLook, JANGPURA-B,
NEW DELH)- l0o14,
MOB.NO. 9871130450
MEMO OF APPEARANCE
To,
The Registrar,
Supreme Court of India,
New Delhi,
Sir,
Please enter my appearance for the above named
Caveator(s)/Petitioner(s)/Appellant(s)/Respondent(s) in the above matter.
Dated:209.2022
Yours faithfully,
WADVOCATESWELFAREFUND WADVOCATES WELFARE FUND
DELHI C DELH OELHI DEUH
Rs 5 55 RS
to3795574 VE RUPE ES TOu5/955/ VERUPEES KUMAR MI HIR
(Advocate for the Petitioner)
Supreme Court, New Delhi
WADVOCATESWELFARE FUND ADVOCATES WELFARE FUND I-10,1 FLOOR,
DELHI CIL DELHI DELHI DELHI JANGPUKA B,
RS NEW DELHI- |l0014
795582VE AUPE 0
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795583 VE RU AOR CoDE:2116
MoB No. 987|304So
ADVOCATESWELFAREFUND
DELHI C DELHI
a3795590 VERUPEES