SLP - Sandeep Sharma

INDEX
Sl. Particulars of Document Page No. of part to Remarks

No. which it belongs
Part 1 Part II
(Contents (Contents
of Paper of file
Book) alone)
(i) (ii) (iii) (iv) (v)
1. Court Fee.
2. O/R on Limitation A A
3. Listing Performa A1-A3 A1-A3
4. Cover Page of Paper Book A-4
5. Index of Record of Proceedings A-5
6. Limitation Report prepared by the A-6

Registry
7. Defect List A-7
8. Note Sheet NS1 TO
9. Synopsis and List of Dates B-H
10. Impugned Judgment & Final 1- 3

Order:
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
11. Special Leave Petition with 4-14
Affidavit.
12. ANNEXURE-P-1 15-24

True copy of the Memorandum of
Understanding dated 11.08.2018.

True copy of the Agreement to
Sell dated 05.10.2019.

True copy of the Agreement to
Sell dated 07.10.2019.

True copy of the Addendum dated
07.10.2019 to Memorandum of
Understanding dated 07.10.2019.

True copies of the Legal Notices
dated 30.11.2021.

True copy of the Notice dated
09.03.2021.
18. ANNEXURE-P/7 43-67

True copy of the Petition filed by
the Respondent under Section 11
(5) read with 11(6) of the
Arbitration and Conciliation Act,
1996 before the Hon’ble High
Court.
19. I. A. for exemption from filing 68-71
certified copies of the impugned
judgment and final order.
20. Memo of Parties 72

21. Filing Memo 73
22. Vakalatnama along with Memo of 74

Appearance
23. Proof of Court Fees 75
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
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
SCR ORDER XXI RULE 3 (1) (a)
UNDER ARTICLE 136 OF CONSTITUTION OF INDIA
SPECIAL LEAVE PETITION (C) No. OF 2022
[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]
IN THE MATTER OF:-
SANDEEP SHARMA …..PETITIONER

VERSUS
RAKESH AHUJA ….. RESPONDENT

OFFICE REPORT ON LIMITATION
1. The Petition is within time.

2. The Petition is barred by time and there is delay of ______ days in
filing the same against order dated 11.02.2022 and petition for
condonation of _____ days delay has been filed.
3. There is delay of ……..days in re-filing the petition and petition for
condonation of ……..days delay in re-fling has been filed.
Branch Officer
Dated: 24.09.2022
A1
PROFORMA FOR FIRST LISTING

Section: __________
The case pertains to (Please tick/check the correct box:)
Central Act : Arbitration and Conciliation Act,

1996
Section :
Central Rule : N.A.
Rule No.(s) : N.A.
State Act : N.A.
Section : N.A.
State Rule : N.A.
Rule No.(s) : N.A.
Impugned interim order : N.A.
Impugned final order/Decree : 29.08.2022
High Court : Hon’ble High Court of Delhi at
New Delhi
Name of Judges : Hon’ble Ms. Justice Neena Bansal
Krishna
Tribunal/Authority : N.A.
1. Nature of matter : Civil
2. (a) Petitioner/Appellant : Sandeep Sharma

(b) E-mail ID : N.A.
(c) Mobile Phone No. : N.A.
3. (a) Respondent No. 01 : Rakesh Ahuja

(b) E-mail ID : N.A.
(c) Mobile Phone No. : N.A.
A2
4. (a) Main Category :

Classifcation
(b) Sub Classification :
5. Not to be listed before : N.A.
6. (a) Similar disposed of : No similar matter is pending or
matter with citation, disposed.
if any, & case details
(b) Similar pending No similar matter is pending
matter with case
details :
7. Criminal Matters
a. Whether accused/convict has : N.A.
surrendered : N.A.
b. FIR No. : N.A.
c. Police Station : N.A.
d. Sentence Awarded
e. Period of sentence undergone
including period of
detention/custody undergone : N.A.
8. Land Acquisition Matters
a. Date of Section 4 notification
b. Date of Section 6 notification : N.A.
c. Date of Section 17
notification : N.A.
: N.A.
9. Tax Matters: State the tax effect

: N.A.
A3
10. Special Category Senior Citizen>65 years: N.A.

(First Petitioner/Appellant SC/ST : N.A.
Only)
Woman/Child : N.A.
Disabled : N.A.
Legal aid case : N.A.
In custody : N.A.
11. Vehicle Number (in case of
Motor Accident Claim
matters) : N.A.
Filed by:
KUMAR MIHIR
AOR For Petitioner
New Delhi-110014
Mob. No. 9871130450
Date: 24.09.2022
A4

No. 627/2022]
IN THE MATTER OF:-

VERSUS
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
S. Date Proceedings Pages
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
B
SYNOPSIS AND LIST OF DATES
The Hon’ble high court, undue haste, while referring the parties for
arbitration on the consideration that there exists an Arbitration Clause in
the Memorandum of Understanding dated 07.10.2019, when there is
none, raises significant questions of law as under:
Primarily, as to whether the alleged addendum dated 07.09.2019
can be read as the part of Memorandum of Understanding dated
11.08.2018 (hereinafter referred to as “MoU dated 11.08.2018”).
Because, addendum dated 08.09.2019 nowhere refers to the MoU dated
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
(hereinafter referred to as “Act”).
Secondly, as to whether or not the Hon’ble High Court ought to
have considered that the MoU dated 11.08.2018, when read
independently, bars the recourse under Section 11 of the Act on the
ground of limitation.
Thirdly, as to whether or not the alleged Agreement to Sell dated
05.09.2019 and 07.09.2019 are independent and separate documents and

C
cannot be read as a part of MoU dated 11.08.2018 and cannot form the
basis to allow petition under Section 11 of the Act.
11.08.2018 That the Petitioner and Respondent entered into a MoU
dated 11.08.2018, to enter into a joint venture for the
development and construction of flats upon the Petitioner
purchasing the land in question on or before 30.09.2018.
That as per the said MoU dated 11.08.2018, the
Respondent agreed to finance the
development/construction of the flats on the subject
property. That the duration of the said MoU dated
11.08.2018 was till 30.09.2018 and shall automatically
dissolve once the Joint Venture agreement for the
development of the subject property was entered between
the Petitioner and the Respondent. However, the parties
retained the autonomy to modify the MoU dated
11.08.2018 at will. True copy of the MoU dated
11.08.2018 is annexed herewith and marked as
ANNEXURE-P-1. (Page No. 15-24)
05.10.2019 That the Petitioner and Respondent entered into a separate

D
Agreement to Sell dated 05.10.2019 for the sale of
property of the Petitioner situated in Kurukshetra.
However, it is pertinent to mention that the said Agreement
to Sell is an independent Agreement to Sell and has no
reference to the MoU dated 11.08.2018. True copy of the
Agreement to Sell dated 05.10.2019 is annexed herewith
and marked as ANNEXURE-P-2. (Page No. 25-28)
07.10.2019 That the Petitioner and Respondent entered into a separate
agreement to sell dated 07.10.2019 for the sale of property
of the Petitioner situated in Noida. However, it is pertinent
to mention that the said Agreement to Sell is an
independent Agreement to Sell and has no reference to
MoU dated 11.08.2018. True copy of the Agreement to
Sell dated 07.10.2019 is annexed herewith and marked as
07.10.2019 A blank addendum to Memorandum of Understanding was
signed by the petitioner. The said addendum was never
agreed upon and thus was left blank. True copy of the
Addendum to Memorandum of Understanding dated

E
30.11.2021 That the Respondent got issued two separate legal notice
through its advocate for execution of sale deed of Noida
property and Kurukshetra property. It is pertinent to
mention that the said legal notice do not refers to any MoU
entered between the parties or addendum to the said MoU.
True copy of the Legal Notices dated 30.11.2021 is
annexed herewith and marked as ANNEXURE-P-5. (Page
No. 37-40)
09.03.2021 That the Respondent got issued a notice dated 09.03.2021
invoking arbitration clause and appointment of sole
arbitrator pursuant to Clause 8 (b) of the MoU dated
11.08.2018. It is pertinent to mention that in the said notice
the Respondent has referred to one addendum and two
MoU dated 07.10.2019 which was never executed by the
Petitioner. It is pertinent to mention that as per the MoU
dated 11.08.2018, the last cause of action arises not later
than two months from the date of execution of MoU i.e.

F
09.10.2018. It is also submitted that the Respondent was to
initiate steps within three years from the date of last cause
of action and having failed to do so, the Respondent
referred to addendum dated 07.10.2019 as an addendum to
MoU dated 11.08.2018. True copy of the Notice dated
11.05.2022 The Respondent filed a petitioner under Section 11 (5) read
with 11 (6) of the Act before the Hon’ble High Court with
a prayer to appoint a sole arbitrator to adjudicate the
claims/disputes between the parties as per the terms of
MoU and Addendum and Agreement ot Sell dated
05.10.2019 and 07.10.2019. It is submitted that in the said
petition the Respondent had filed a document stating it to
be copy of addendum dated 07.10.2019. However, the said
document is an incomplete document and nowhere the said
document refers to MoU dated 11.08.2018. It is also
submitted that the said document is never executed by the
Petitioner and is a forged document, created with a sole

G
motive to bring the case within the limitation.
It is also submitted that in its pleading, the Respondent has
referred to Agreement to Sell dated 05.10.2019 and
07.10.2019 as a part of MoU dated 11.08.2018. However,
the said Agreement to Sell also do not refer to MoU dated
11.08.2018 or being executed pursuant to MoU dated
11.08.2018. Even the legal notice dated 30.11.2021 issued
for the registration of sale deed is silent on the part of
MoU.
True copy of the Petition filed by the Respondent under
Section 11 (5) read with 11(6) of the Arbitration and
Conciliation Act, 1996 before the Hon’ble High Court, is
annexed herewith and marked as ANNEXURE-P-7. (Page
No. 43-67)
29.08.2022 That on 29.08.2022, the above said petition filed by the
Respondent under Section 11 (5) read with 11 (6) of the
Act, was listed for the arguments before the Hon’ble High
Court. The counsel engaged by the Petitioner herein could
not appeared before the Hon’ble High Court on that day

H
and the Hon’ble High Court vide impugned order dated
29.08.2022 allowed the petition filed under Section 11 (5)
read with 11 (6) of the Act. It is submitted that Hon’ble
High Court failed to consider that there is no Arbitration
Clause in the Memorandum of Understanding dated
07.10.2019, which is an incomplete document and in no
manner is an agreement of any sort between the parties.
The Hon’ble High Court also failed to consider that the
alleged notice to invoke arbitration was issued on
09.03.2021 which in itself is issued beyond the period of
limitation and the alleged addendum dated 07.10.2019 is
created only to bring the issue within limitation. The
Hon’ble High Court also failed to consider that the
Agreement to Sell dated 05.10.2019 and 07.10.2019 are
independent document without any reference to the MoU.
14.09.2022 That being aggrieved by the impugned order dated
29.08.2022, the Petitioner herein is preferring the present
petition. Hence, this present Special Leave Petition.

1
$~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
ARB.P. 627/2022 Page 1 of 3

2
Addendum to MOU dated 07.10.2019. In order to further secure the

petitioner, parties executed two separate Agreement to Sell dated 05.10.2019
and 07.10.2019 along with the Addendum for respondent’s personal
properties namely H. NO. 53-P situated at Sector-3, Urban Estate,
Kurushetra, Tehsil-Thanesar and for apartment bearing no KLP0021103
Mts. Situated at Tower 02, Kalypso Court, Jaypee Greens Wish Town,
Sector 128, Noida respectively. The respondent acknowledged the complete
payment of consideration towards the said personal properties in both the
Agreement to Sell dated 05.10.2019 and 07.10.2019 and also handed over
the symbolic possession of the above mentioned properties.
3. As per the terms of the Addendum, the respondent was required to
complete the sale/purchase of property by 30.10.2019 and execute
Agreement to Sell for the property in favour of the petitioner or else, the
respondent was liable to pay an amount of Rs. 6,40,00,000/-. The respondent
miserably failed to facilitate the sale purchase of the property. Thereafter,
the petitioner sought the payment of the aforesaid amounts but the
respondent has neither paid the amount nor facilitated the sale/purchase of
the property to the petitioner.
4. Aggrieved by the failure on the part of the respondent, the petitioner
issued a Notice dated 30.11.2021 demanding the respondent to perform his
part of obligation and to execute Conveyance Deed dated 05.10.2019 and
07.10.2019, invoking the Arbitration Clause of the Memorandum of
Understanding and sought appointment of the Arbitrator. Hence, the present
petition has been filed for appointment of the Arbitrator.
5. Learned counsel for the respondent had appeared in appearance but
failed to file any reply. Thereafter, none appeared on 29.08.2022 on behalf
ARB.P. 627/2022 Page 2 of 3

3
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.
NEENA BANSAL KRISHNA, J

AUGUST 29, 2022/PA
ARB.P. 627/2022 Page 3 of 3

4

No. 627/2022]
IN THE MATTER OF:-
POSITION OF PARTIES
BEFORE THE BEFORE THIS
HIGH COURT HON’BLE COURT
BETWEEN:
1. SANDEEP SHARMA RESPONDENT PETITIONER

S/O MR. MANGE RAM
SHARMA,
R/O FLAT NO. 1002,
TOWER 4, UNITECH
HARMONY, NIRVANA
COUNTRY, SECTOR 50,
SOUTH CITY – II,
FARRUKH NAGAR,
GURGAON, HARYANA -
122018
AND
1. RAKESH AHUJA, PETITIONER RESPONDENT

S/O SH. MANOHAR LAL
5
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
MOST RESPECTFULLY SHOWETH:
1. The present Special Leave Petition is being preferred against 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 wherein the Hon’ble High Court allowed the Petition
filed under Section 11 (5) read with 11(6) of the Arbitration and
Conciliation Act, 1996.
2. QUESTIONS OF LAW:
The following substantial questions of law of general public
importance arise for determination by this Hon’ble Court:-

6
(a) Whether or not the Hon’ble High Court ought to consider that the
alleged addendum dated 07.10.2019 is an incomplete and
fabricated document and cannot form the basis to allow a petition
filed under Section 11 (5) read with 11 (6) of the Arbitration and
Conciliation Act, 1996.
(b) Whether or not the Hon’ble High Court ought to consider that the
alleged addendum dated 07.09.2019 cannot be read as the part of
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
Section 11 of the Arbitration and Conciliation Act, 1996.
(c) Whether or not the Hon’ble High Court ought to consider that the
MoU dated 11.08.2018, when read independently, bars the
recourse under Section 11 (5) read with 11 (6) of the Arbitration
and Conciliation Act, 1996 on the ground of limitation.
(d) Whether or not the Hon’ble High Court ought to consider that the
alleged Agreement to Sell dated 05.09.2019 and 07.09.2019 are
independent and separate documents and cannot be read as part of
MoU dated 11.08.2018 and cannot form the basis to allow petition
under Section 11 of the Arbitration and Conciliation Act, 1996.

7
3. DECLARATION IN TERMS OF RULE 3(2)
The Petitioner states that no other petition seeking leave to appeal
has been filed by the Petitioner against 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.
4. DECLARATION IN TERMS OF RULE 5
The Annexure P-1 to P-7 produced alongwith the Special Leave
Petition contains true copies of pleadings/documents which formed
part of the records of the case in the Court below against whose
order the leave to appeal is sought for in this petition.
5. GROUNDS:
Leave to appeal has been sought on the following amongst other
grounds which are set out hereinafter without prejudice to one
another:
A. Because the impugned order passed by the Hon’ble High Court is
bad in law and without even considering the documents on record.
B. Because the Hon’ble High Court passed the impugned order in the
absence of the Petitioner’s counsel.

8
C. Because the Hon’ble High Court while passing the impugned
order, failed to consider that the alleged addendum dated
07.10.2019 is an incomplete and fabricated document and cannot
form the basis to allow a petition filed under Section 11 (5) read
with 11 (6) of the Arbitration and Conciliation Act, 1996.
D. Because the Hon’ble High Court while passing the impugned order
failed to consider that the alleged addendum dated 07.09.2019
cannot be read as the part of 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 Section 11 (5) read with 11 (6) of
the Arbitration and Conciliation Act, 1996.
E. Because the Hon’ble High Court while passing the impugned order
failed to consider that the MoU dated 11.08.2018, when read
independently, bars the recourse under Section 11 (5) read with 11
(6) of the Arbitration and Conciliation Act, 1996 on the ground of
limitation.
F. Because the Hon’ble High Court while passing the impugned order
failed to consider that the alleged agreement to sell dated
05.09.2019 and 07.09.2019 are independent and separate
documents and cannot be read as a part of MoU dated 11.08.2018

9
and cannot form the basis to allow petition under Section 11 of the
Arbitration and Conciliation Act, 1996.
G. Because the Hon’ble High Court while passing the impugned order
failed to consider that the alleged addendum dated 07.10.2019 is an
incomplete document and in no manner is an addendum to MoU
dated 11.08.2018.
H. Because the Hon’ble High Court while passing the impugned order
failed to consider that the alleged notice to invoke arbitration was
issued on 09.03.2021 which in itself is issued beyond the period of
limitation and the alleged addendum dated 07.10.2019 is created
only to bring the issue within limitation.
I. Because the Hon’ble High Court while passing the impugned order
failed to consider that the Agreement to Sell dated 05.10.2019 and
07.10.2019 are independent document without any reference to the
MoU.
J. Because the Hon’ble High Court while passing the impugned order
failed to consider that the Legal Notice dated 30.11.2021 is limited
only to the execution of Sale Deed and has no reference to the
MoU.
10
K. The petitioner craves leave to further add the grounds at the time of
hearing the petition by taking the support of the pleadings and
documents filed before the Hon’ble High Court as well as the
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.
6. GROUNDS FOR INTERIM RELIEF

The ground for interim relief is as follows:-.
A. Because the Hon’ble High Court vide impugned order has already
appointed an arbitrator and the said learned arbitrator will
commence with the proceeding in due course.
7. MAIN PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court
may be pleased to:
(a) grant special leave to appeal to the Petitioner against 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;

11
(b) pass any such other or further orders as this Hon’ble Court
may deem fit and in the interest of justice.
8. INTERIM RELIEF
(a) Stay 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;
(b) pass any such other and further orders as this Hon’ble Court
may deem fit in the interest of justice.
AND FOR THIS ACT OF KINDNESS, YOUR PETITIONER, AS IN

DUTY BOUND, SHALL EVER PRAY.
DRAWN BY: FILED BY:
GOPAL SINGH KUMAR MIHIR

ADVOCATE ADVOCATE FOR THE PETITIONER
PLACE: NEW DELHI

DRAWN ON:
FILED ON: 24.09.2022
12

No. 627/2022]
IN THE MATTER OF:-

VERSUS
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
Dated: 24.09.2022
13
CiVIL APPELLATE JURISDICTION
passed by the Hon'ble High Court of Delhi at New Delhi in Arb. Petition
No. 627/2022]
INTHE MATTER OF:

SANDEEP SHARMA
PETITIONER
VERSUS
Y
RAKESH AHUJA
AFFIDAVIT
.RESPONDENT 3L
I, Sandeep Sharma S/o Sh. Mange Ram Sharma,
agedcabout 6 years,
residing at Flat No. 1002, Tower 4, Unitech Harmony, NirvanáCountry20
Sector 50, South City I1, Farrukh
Nagar, Gurgaon 22018, Haryana,"
-
presently at New Delhi, do hereby solemnly affirm and

under: declare as-
1. That I am Petitioner in the
present Special Leave Petition and I am
well conversant with the facts and circumstances of the
present case and
as such
competent to swear the affidavit as
present duly authorized.
2. That the contents of the instant
Special Leave Petition and the
applications along with Annexures have been read over by me. I state that
the contents thereof are true and correct to the
best of my knowledge and
information derived from the records of the matter.
3. That the Special Leave Petition runs from
the instant affidavit) and the list of dates is
Pages 1 to l4 (including
from pages B to H and the
Grounds from A to K The complete book runs
.
paper from pages A to 71

TARY
SURYA PRAKASHO
Regd. NCTNo. 169/MICLHI9S/HRA
ADVOCATE 2020
EXP. 03/02/2025
VoVTT. OFIND
OOFNO IA
14
4. That the Annexures P-1 to P- 7 enclosed with the petition are true
copies of their respective originals and were part of the records of the
courts below.
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
OF NDI 22 SEP 202

ANNEXURE-P-1 15
INDIA NON JUDICIAL
Government
- - - of National
.. --
- ~ --
Capital---Territory
- -
of Delhi
- -- ~_ - - -_._ ---~
e-Stamp
Certificate No. IN-DL64017256371688Q

Certificate Issued Date 11-Aug-2018 03:59 PM
Account Reference IMPACC (IV)/ d1946403/DELHI/ DL-DLH
Unique Doc. Reference SUBIN-DLDL94640332196088926542Q
Purchased by SANDEEP KUMAR SHARMA
Description of Document Article 58 Memorandum of Settlement
Property Description Not Applicable
Consideration Price (Rs.) o
(Zero)
First Party SANDEEP KUMAR SHARMA
Second Party RAKESH AHUJA
Stamp Duty Paid By SANDEEPKUMARSHARMA
Stamp Duty Amount(Rs.) 100
(One Hundred only)
. • •• • • • •• •• __••• •• •••• . • • • •• _._• • •• •• _. , .Please write or type below this line ••• _••••• _. __ ••• _•••• __ ••• _• • • • • • • • • • • • • __••• .
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "MaU") is made at New

Delhi on this ~ day of ~ugust, 2018 between :
,
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Statut o : y /lIef!
1 " " ." " " " " :",, ' ,, :; ''''' '.' 1.:'·"":<:"[,, should ne ven l;.,d ,,; ' \"I w \\, shcne stam p com
:·J;":::lr-I '~ -. ' I I . : 'It"'... 110 reno-u s Il lll va lid .
;..' ; II ( t; I " I ~ ( ,i '. ; I,:,,".: k "l ~ j Ih e ' e ~ ' l l ' P 1 H C Y I~ o n 1I1C users of ttlC CE:r bf,c ate
.~ u (".i ',:,\ ; oJ: : , ... ,1 I s r. I (; : ) " n r~ J j :' l.-,I ;I.:: III (rm n the Compet ent A tllll l1rity
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. Rights and Obligations of the Parties
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:
a. An amount of Rs. 2,00,00,000/- (Rupees Two Crores Only) to be paid as advance on an

immediate basis (paid vide two RTGS of 1,00,000.00 each dated 09/08/2018 from
Corporation Bank , Laxmi Nagar, Delhi ).
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.
It is expressly agreed among both the Parties that:
(i) The venue of such arbitration shall be New Delhi;
(ii) The arbitration proceedings shall be conducted in the English Language .

)
(iii) The arbitration award shall be final and binding .
(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.
11. Entirety of Agreement
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:;~
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- u- 23
Sdll'dlllc A - S u h ject PnlPlTty
Piece of Land admeasuring 2274.67 sq mtr. at B Block Safdarjung Enclave

bearing Khasra No. 42/2 in Village Humayun Pur, Delhi. Originally owned by
Sh Priti Pal Singh and others.
Reference to Supreme Court Order No 5857 dated 20/02/2016
Reference to DDA MAP approval on 350 th Screening committee meeting dated

18/05/2017 , as copy provided by First Party
Reference to SMCD communication dated 02/05/18 , as copy provided by first

party .
)
/~ 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 ) \';
~~
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(.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
3m1'm UTTAR PRADESH FD 087357

•
~ AGREEMENT TO SELL
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
~ Each of the above are hereinafter individually referr11~ as a

referred to as "Parties". . Z
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26
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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).
NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER :-
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; -
1. RTGS In favor of Sandeep Kumar Sharma of 1,00,00,000/- dated .~1R.l.18.from Corporation

Bank, Laxmi Nagar, Delhi
2. RTGS of favor of Sandeep Kumar Sharma 30,OO,OOO/-dated 24/09/2018 from Axis Bank,
Sector 62 , Noida .
( Additional payment of Rs 20,00,000/- towards refundable loan to First Party is given, so
consolidated RTGS of Rs 50,00,000/- is done on dated 24/09/2019 )
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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~ 19-27
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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28
- 1, 0 "
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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t:N"'-
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FIRST PARTY.
2.
SECOIt:::TY.
-- .... ""
ANNEXURE-P-3 - - 29
" f·
t
,
~' " I'
~ UTTAR PRADESH FD 087356

I
~ AGREEMENT TO SELL
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).
NOW THIS AGREEMENTTO SELL WITNESSETH AS UNDER :-
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; -
1. RTGS of 1,00,00,000/- in favor of Sandeep Kumar Sharma on dated 09/08/2018 from

Corporation Bank , Laxrnl Nagar, Delhi
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 / "
~
I I 1·\ . 8. ~t :
' GB I .
(
_.~ r~1l /
[.'Y\./'
----;-- ::::?t
;) .
F t)
31
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 ,/
V ii~.
/
( .J~,
[SECOND PARTY.
ANNEXURE-P-4 ... 13·
33
FD 087358
ADDENDUM TO M EMORANDUM OF UNDERSTANDING

g
~ This ADDENDUM TO MEMORANDUM OF UNDERSTANDING(hereinafter referred to as the
"Addendum ") is made atNttlk.on t his 7 thday of Oct 2019 between :
I
I 1. MR. SANDEEP KUMAR SHARMA,s/oMr. Mange Ram Sharma, anindividual, being a citizen of
India, by occupation - Business and residingat Flat No. 1002, Tower 4, Unitech Harmony,
Nirvana Country, Sector 50, South City - II, Farrukh Nagar, Gurgaon - 122018, Haryana
I
(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 include his heirs, executors, administrators, representatives and assignsof the ONE PART;
and
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 SECOk ' : :RTY

.
35
Schedull' :\ - Sub ject Propl'rl v
Piece of Land admeasuring 2274.67 sqmtr. at B Block Safdarjung Enclave

bearing Khasra No. 42/2 in Village HumayunPur, Delhi. Originally owned by
ShPriti Pal Singh and others.
Reference to Supreme Court Order No 5857 dated 20/02/2016
Reference to DDA MAP approval on 350 th Screening committee meeting dated

18/05/2017 , as copy provided by First Party
Reference to SMCD communicationdated 02/05/18 , as copy provided by first

party .
First Party
)
36
S,.'hcdllic B- ( 'ollall'ral Sl'ClI.-itV
1) Apartment No. KLP0021103 in Tower 02 ,Kalypso Court Situated at Sector 128

Jaypce Greens Wish Town, 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)
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
Sub: Legal notice to execute and register sale deed for

Apartment No. KLP0021103, Tower - 02, Kalypso Court, Jaypee
Greens Wish Town, Noida (U.P.) - 201317
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:
1. That you executed into an Agreement to Sell dated 7 th October,

2019 (hereinafter referred as "Agreement") with our Client to
sell your Apartment No. KLPOO~ 1103 measuring 328.63 Sq.
Mts. situated in Tower 02, Kalypso Court, Jaypee Greens Wish
Town, Sector 128, Noida (hereinafter referred as the
"Property") .
2 . That as per the terms and conditions of the Agreement, the

consideration for the sale of the said Property was agreed at
Rs. ],70,00,000/ - (Rupees One Crore Seventy Lakhs Only) and
our Client paid you the agreed sale consideration of the
Property to you in full and final. That you acknowledged the
receipt of the full and final payment of the sale consideration
in the said Agreement itself.
38
3. That at the time of execution of the said Agreement and the

receipt of the sale consideration you delivered the peaceful
possession of the said Property to our Client.
4. That as per the terms and conditions of the Agreement, it was

agreed by you that you shall get the sale deed executed in
favour of our Client within 7 (seven) days of our Client's
demand without demanding further any amount from our
Client.
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.
6. I, therefore, through this legal notice call upon you to execute

and register the sale deed in respect of the abovementioned
Property in favour of our Client within the period of 7 (seven)
days from the date of receipt of this notice and intimate our
Client in this regard immediately, failing which I have clear
instructions from our Client to take necessary action against
you under the specific provisions of the law in the competent
court of law and in that event you shall be fully responsible for
all costs, risks and responsibilities.
39
BY SPEED POST advucates & soliciturs
30 t h November, 2021
To,
Flat No. - 1002, Tower 4 ,
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,.
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,
On behalf of and under instructions from Mr. Rakesh Ahuja, S I 0 Mr.

Manohar Lal Ahuja, Rio B-489, New Friends Colony, New Delhi -
110025 (hereinafter referred as our "Client"), we hereby serve upon
n you the following notice for the above-mentioned purpose:
)
1. That you executed into an Agreement to Sell dated 5 tl1 October,
2019 (hereinafter referred as "Agreement") with our Client to
sell your H. No. 53-P measuring 450 Sq. Mts. situated in
Sector - 3, Urban Estate, Kurushetra, Tehsil - Thanesar
(hereinafter referred as the "Property").
2 . That as per the terms and conditions of the Agreement, the

consideration for the sale of the said Property was agreed at
Rs. 1,30,00,OOO/ ~ (Rupees One Crore Thirty Lakhs Only) and
our Client paid you the agreed sale consideration of the
Property to you in full and final. That you acknowledged the
receipt of the full and final payment of the sale . ' i lera tion
in the said Agreement itself. ~'?' J E / {$';..
Q:- rf'
o
d.
NEW DELHI
.
g
* '\\\ .*
AGARWAL JEllEY & CO. ~O VO C I0<c.,
A-2178, Safdarjung Enclave, New Delhi-110029 • Phone: 011 2616 1002 I 2616 1003 • Fax: + 9 11 2616 2612
E-mail: praveenagarwal@agarwaljetley .com • Web.: www.agarwaljetley.com
Offices: New Delhi I Bengaluru I Hyderabad I Chandigarh I Bhubaneswar
40
3. That at the time of execution of the said Agreement and the

receipt of the sale consideration you delivered the peaceful
possession of the said Property to our Client.
4. That as per the terms and conditions of the Agreement, it was

agreed by you that you shall get the sale deed executed in
favour of our Client within 7 (seven) days of our Client's
demand without demanding further any amount from our
Client.
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.
6. I, therefore, through this legal notice call upon you to execute

and register the sale deed in respect of the abovementioned
Property in favour of our Client within the period of 7 (seven)
days from the date of receipt of this notice and intimate our
Client in this regard immediately, failing which I have clear
instructions from our Client to take necessary action against
you under the specific provisions of the law in the competent
court of law and in that event you shall be fully responsible for
all costs, risks and responsibilities.
ANNEXURE-P-6 41
advocates & soli citors

BY S PEED POST
9th March , 2022

To,
flat No. - 1002, Tower 4,
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,
Haryana-136118
Contract: Memorandum of Understanding (MoU) dated 11th August, 2018,

Addendum to Memorandum of Understanding dated 7th October, 2019,
Agreement to Sell dated 5th October 2019 and Agreement to Sell dated
7th October 2019 between Mr. Sandeep Sharma and Mr. Rakesh Ahuja
Subject: Notice invoking arbitration clause and appointment of Sole Arbitrator

pursuant to Clause 8 (b) of the MoU dated 11th August, 2018.
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").
I. On 11th August, 2018, you and our Client executed a Memorandum of

Understanding dated 11.08.2018 (hereinafter referred to as the "MoD")
wherein You agreed to facilitate the sale of land admeasuring 2,274.64 Sq.
Mts. located at Block-B, Safdarjung Enclave, bearing Khasra No . 42/2 in
village Humayunpur, Delhi (hereinafter referred as "Property") in favour of
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
IN THE HON"BLE HIGH COURT OF DELHI AT NEW DELHI

ORIDINARY ORIGINAL JURISDICTION
ARBITRATION PETITION NO. OF 2022
IN THE MATTER OF:
RAKESH AHUJA .. .PETITIONER/APPLICANT
VERSUS
SANDEEP SHARMA ...RESPONDENT
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
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
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
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.-
2 . True copy of the Original is in Photocopy Responde

'6- )J..-
MoD dated the custody nt to
11.08.2018 of the Petitioner
Petitioner
45
3 . True copy Original is in Photocopy Responde

13 -I t:
ofAddendum the custody nt to
dated of the Petitioner
07.10.2019 Petitioner
4 . True copy of Original is in Photocopy Responde 11-~D

Agreement to the custody nt to
Sell dated of the Petitioner
5 . True copy of Original is in Photocopy Responde 2-, - 2'1

Agreement to the custody nt to
Sell dated of the Petitioner
6 . True copy of the Original is in Photocopy Petitioner 2-S-3"

said Notices the custody of office to
dated of the copy Responde
30.11.2021 Respondent nt
along with the
tracking reports
(colly)
7 . True copy of the Original is in Photocopy 0 Petitioner 31-'1),

Notice dated the custody f office Copy to
09 .03.2022 of the Responde
along with the Respondent nt
tracking report
46
THROUGH
AGARWAL JE LEY & CO.

ADVOCATE FOR THE P TITIONER
A-2/78, SAFDARJUNG ENCLAVE
NEW DELm - 110 029 I MOB: +91 - 95820 12841
EMAIL: [email protected]
NEW DELHI
q.
DATE: J o>-~'2.-~
1 0 • 0 ( - 7-D7--Y
J~5) f1A It
47
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI

IN THE MATTER OF:
RAKESH AHUJA ... PETITIONER/APPLICANT
VERSUS
SANDEEP SHARMA .. .RESPONDENT
INDEX-I

1. Index - I 1-2
2. Urgent Application -:s . .
3. Notice of Motion -\.4-
4. Court Fees _s- ~)OOJ--
5. Memo of Parties b't
6. Synopsis along with List of Dates B-I/
and Events
7. Application under Section 11(6) /2,-Jc,
r/w Section 11(8) of the
1996 along with Affidavit and
Statement of Truth by way of
Affidavit
8. Statement of Truth by way of 2- fJ - t-,}
Affidavit
9. Affidavit of Service along with <2-'--- 2-~
receipt
10. Court fee for one time process fee - 't-tt ~
48
- 2-
THROUGH ~L
AGARWAL JE LEY & CO.
ADVOCATE FOR THE P TITIONER
NEW DELHI - 110029 IMOB: +91- 95820 12841
NEW DELHI
DATE: ,q.. ~ .. ZOZy
49

IN THE MATTER OF:
RAKESH AHUJA ... PETITIONER/ APPLICANT
VERSUS
SANDEEP SHARMA ... RESPONDENT
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.
It is most humbly prayed that an urgent hearing be given.
THROUGH OL~~
~ L~-=-t----=--
AGARWAL J TLEY & CO.
NEW DELHI - 110029 IMOB: +91 - 9582012841
EMAIL: aushkhare(.aarwal"etle .com
NEW DELHI
DATE: \ \ - 0{ - '-0"2- '2--
50

IN THE MATTER OF:
RAKESH AHUJA .. PETITIONER/ APPLICANT
VERSUS
NOTICE OF MOTION
Sir,
The enclosed application in the aforesaid matter is being filed on

behalf of the Petitioner/Applicant and is likely to be listed on
- 0-(" - 9-n 'l. 1- or any date: · thereafter. Please take notice
accordingly.
THROUGH aJ;,L"t t~
A.,....~WrJrr-n:oIrtn~~CO .
ADVOCATE FOR THE P ITIONE R

NEW DELHI - 110029 IMOB: +91 - 9582012841
EMAIL: aushkharearwal"etle.com
NEW DELHI
DATE: 11- OS" '2.0'2- ~
-5 -
51
r I/
j
q.l
'/
",,
\ IT 00020~ 637
GOVERNMENT OF NCT OF DELHI
I
e-Court Fee '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
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52

IN THE MATTER OF:
RAKESH AHUJA ... PETITIONER/APPLICANT
VERSUS
SANDEEP SHARMA .. .RESPONDENT
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
THROUGH oJ, tc.

~c..><=--&+ --==--
AGARWALJ
ADVOCATE FOR THE ETITIONER
NEW DELHI - 110029 I MOB: +91 - 9582012841
o
EMAIL: ~s h khare a a arwal eUe oc o m
NEW DELHI
DATE: " .. O'S" ~ VJ Z.v
\.)
54
BRIEF SYNOPSIS
The Petitioner/ Applicant is seeking the appointment of

Arbitrator in terms of the Memorandum of Understanding dated
11.08.2018(hereinafter referred to as "MoU") executed between
thePetitioner/ Applicant (Purchaser) and Respondent (Broker) .As per
the terms of the MoU, the Respondentundertook to facilitate the
sale/purchase of a piece of land admeasuring 2,274.64 Sq. Mts.
located at Block-B, Safdarjung Enclave, bearing Khasra No. 42/2 in
village Humayunpur, Delhi (hereinafter referred as "Property") to the
Petitioner/ Applicant and the Petitioner paid a sum of Rs.
3,20,00,000/- (Rupees Three Crore Twenty Lakhs) to the Respondent.
However, the Respondent failed to fulfil his obligations as per the
terms of the MoU. But on repeated requests and relying upon the
assurances and promises of the Respondent, the Petitioner/Applicant
executed an Addendum to MoU dated 07.10.2019 (hereinafter referred
to as "Addendum").
In order to further secure Petitioner/Applicant interests, Parties

executed 2 (two) separate Agreement to Sell dated 05.10.2019 and
07.10.2019 along with the Addendum, for Respondents personal
)
properties namelyH. No. 53-P situated at Sector - 3, Urban Estate,
Kurushetra, Tehsil - Thanesar and for apartment bearing no.
KLP0021103 Mts. situated at Tower 02, Kalypso Court, Jaypee Greens
Wish Town, Sector 128, Noida respectively. The Respondent
acknowledge the complete payment of the consideration towards the
said personal properties in both Agreement to sell dated 05.10.2019
and 07.10 .2019 itself and also handed over the symbolic possession of
the mentioned properties as well.
That as per the terms of the Addendum, Respondent was

required to complete the sale/purchase of Property by 30.10.2019 and
55
- 9-
execute agreement to sell for the Property In favour of
Petitioner/ Applicant or the Respondent will be liable to pay the
Petitioner/ Applicant an amount of Rs. 6,40,00,000/-. However, the
Respondent miserably failed to facilitate the sale purchase of the
Property by aforesaid date. Thereafter, Petitioner/Applicant repeatedly
sought the payment of the aforesaid amount, however, Respondenthas
neither paid the amount nor facilitated the sale/purchase of the
Property to the Petitioner/Applicant till date.
Aggrieved by failure on part of the Respondent,

Petitioner/ Applicant issued a notice dated 30.11.2021 demanding to
perform Respondent's part obligation under the said Agreement to Sell
dated 05.10.2019 and 07.10.2019 to execute conveyance deeds in
favour of the Petitioner/Applicant of the said personal properties, but
to no avail.
Aggrieved by not receiving proper justification or reply from the

Respondent, the Petitioner issued a Notice dated 09.03 .2022, invoking
the arbitration clause of the MoD and for appointment of Arbitrator
therein. However, the Petitioner/Applicant have not received any reply
whatsoever from the Respondent till date.
Hence, the present Application.
LIST OF DATES AND EVENTS
DATES EVENTS
11.08.2018 The Respondent agreed to facilitate sale/purchase

of a piece of land admeasuring 2,274.64 Sq. Mts.
located at Block-B, Safdarjung Enclave, bearing
Khasra No. 42/2 in village Humayunpur, Delhi
(Property) to the Petitioner. Subsequently, a
56
.. w-
Memorandum of Understanding dated 11.08.2018

(hereinafter referred to as the "MoU") was executed
between the Parties for arranging the sale of the
Property.
Up to The Respondent miserably failed to fulfill his

September, 2019 obligation under the terms of the MoU. The
Respondent neither facilitate the sale/purchase of
the Property nor refunded the money.
5.10.2019 To secure Petitioner interests, Parties executed one

of the two separate Agreement to Sell on
05.10.2019 for H. No. 53-P situated at Sector - 3,
Urban Estate, Kurushetra, Tehsil- Thanesar, prior
to executing the Addendum.
7.10.2019 On repeated requests and relying upon the

assurances and promises of the Respondent, the
Petitioner executed an Addendum dated
07.10.2019.
7 .10.2019 To further secure Petitioner interests, Parties

executed 2 n dAgreement to Sell 07.10.2019 for
apartment bearing no. KLP0021103 situated at
Tower 02, Kalypso Court, Jaypee Greens Wish
Town, Sector 128, Noida.
Up to December, The Respondent fails to fulfill his obligations as per

2020 the terms of the Addendum and issued two post-
dated cheques to partial discharge his liability
towards his debt.
April, 2021 to Both the cheques got dishonoured upon presenting

July, 2021 on the banks for realizations. Accordingly,
Petitioner/ Applicant initiated action against the
57
_ II w#
Respondent under the provisions of Negotiable

Instrument Act, 1881.
Up to October, Petitioner made several written and oral requests

2021 to the Respondent to either pay the money or
execute and register Conveyance Deedsof his said
personal properties m favour of the
Petitioner/ Applicant as per the terms of the
Agreement to Sell dated 05 .10.2019 and
07.10.2019.
30.12 .2021 Aggrieved by the failure on part of the Respondent,

Petitioner/ Applicantissued two separate notices
dated 30.12.2021 to the Respondent to execute
Sale/ Conveyance Deed of the said personal
properties in favour of Petitioner as per the terr?-s
of the Agreement to Sell dated 05.10.2019 and
07.10.2019 , but to no avail.
Up to February, Respondent made one or the other excuses

2022 showing his difficulty in executing the Conveyance
Deeds.
09.03.2021 Aggrieved by the same, Petitioner issued Notice

dated 09 .03.2022 invoking arbitration and for
appointment of Arbitrator as per the terms of the
MoU and Addendum, however, Petitioner has not
received any reply from the Respondent on the
same till date.
) '2... O'S. '2-t)"). 'Z.- Hence, the present Application.

- 12.- 58

ORIGINAL ORDINARY JURISDICTION
IN THE MATTER OF:
RAKESH AHUJA ... PETITIONER/ APPLICANT
VERSUS
APPLICATION UNDER SECTIONS 11(5) READ WITH SECTION

11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996
MOST RESPECTFULLY SHOWETH: -
1. The Petitioner/Applicant is a peace-loving and law-abiding citizen

of India and as such is competent to institute and pursue the
present Application in law and is well conversant with the facts of
the present Application.
2. The Respondent claims to be a real estate agent. As per the

record available with the Petitioner/Applicant, the Respondent is
currently residing at Apartment No. KLP0021103, Tower-02,
Kalypso Court, Jaypee Greens Wish Town, Noida Uttar Pradesh-
201317, and the Notice date 09.03.2022 was also received at this
address.
3. In circa 2018, the Respondentundertook to facilitate the

sale/purchase of a piece of land admeasuring 2,274.64 Sq. Mts.
located at Block-B, Safdarjung Enclave, bearing Khasra No. 42/2
III village Humayunpur, Delhi ("Property") to the
Petitioner/ Applicant. Subsequently, a Memorandum of
Understanding dated 11.08.2018 ("MoU") was executed between
the Parties for facilitating the sale/purchase of the Property and
~
59
the Petitioner/Applicant paid a sum of Rs.3,20 ,00 ,000 / - (Rupees

Three Crore Twenty Lakhs) immediately to the Respondent.
However, the Respondent failed to fulfil his obligations as per
terms of the MoU. But on repeated requests and relying upon the
assurances and promises of the Respondent, Petitioner/Applicant
executed an Addendum to MoU dated 07.10.2019 ("Addendum").
4. As per the terms of the Addendum, Respondent was required to

complete the sale/purchase of Property by 30.10.2019 and
execute an agreement to sell of the Property in favour of the
Petitioner/ Applicant. Furthermore, as per the terms of the
Addendum in case of failure on part of the Respondent to arrange
sale/purchase of Property and execution agreement to sell in
favour of Petitioner/Applicant by 30.10.2019, Respondent will be
liable to pay a total sum of Rs. 6,40,00,000/- (Six Crore Forty
Lakhs) to the Petitioner/Applicant by 14.11.2019.
5. Moreover, to further secure the interests of the

Petitioner/ Applicant Parties executed 2 (two) separate Agreement
to Sell dated 05.10.2019 and 07.10.2019 along with the
Addendum, for his personal properties namelyH. No. 53-P
situated at Sector - 3, Urban Estate, Kurushetra, Tehsil -
Thanesar and for apartment bearing no. KLP0021103 Mts.
situated at Tower 02, Kalypso Court, Jaypee Greens Wish Town,
Sector 128, Noida respectively. The Respondent
alsoacknowledged the complete payment of consideration
towards the said personal properties in both the Agreement to
Sell dated 05.10.2019 and 07.10.2019 itself and handed over the
symbolic possession of the aforesaid personal properties as well
to the Petitioner. It is pertinent to mention here that the
Respondent was supposed to execute the conveyance deeds of
the said personal propertiesas per the terms of the Agreement to
60
-- I t,--
Sell dated 05.10.2019 and 07.10.2019, if he is not able to pay the
abovementioned amount in event of his failure to facilitate the
sale/purchase of the Property.
6. The Respondentmiserably failed to facilitate the sale/purchase of

the Property in favour of the Petitioner/Applicant and failed
toexecute agreement to sell for the same till date. As a
consequence, the Respondent was liable to pay Rs.6,40,00,000 /-
to the Petitioner/Applicant or execute conveyance deeds of the
said personal properties as per the terms of the Agreement to Sell
dated 05.10 .2019 and 07.10.2019 .
7. Consequently, due to failure on part of the Respondent to fulfil

his obligations as per the Addendum, the Respondent issued two
cheques in partial discharge of the liability towards his
debt. However, to utter shock and dismay to Petitioner/Applicant,
the Chequesgot dishonored on presentation on account of
insufficient funds.
8. Accordingly, Petitioner/Applicant initiated action against the

Respondent under the provisions of the Negotiable Instruments
)
Act, 1881 in appropriate court of jurisdiction and the, same IS
sub-judice buthas no bearing on the present Application.
9. Thereafter, aggrieved by the Respondent's failure to pay the

abovementioned amount, the Petitioner/ Applicantissued two
notices dated 30.11.2021 demanding to perform Respondent's
part obligation under the said Agreement to Sell dated
05.10.2019 and 07.10.2019, but to no avail.
10. Aggrieved by not receiving proper justification or reply from the

Respondent, the Petitioner/Applicant issued aNotice dated
09 .03.2022, invoking the arbitration clause of the MoD and for
. . ,s-61
appointment of Arbitrator therein . However, the
Petitioner/ Applicant has not receivedany reply to the notice dated
09.03.2022 from the Respondent till date.
11. That MoD has a clause for dispute resolution In the following
manner:
Clause 8:-
"a . Negotiation
Both the parties agree to negotiate in good and use reasonable

efforts to settle any dispute, controversy or claim arising from or
related to this MoU (each, a "Disp u te"). In the event that the Parties
are unable to, within 30 (Thirty) days, to reach a resolution, such
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.
i. it is expressly agreed among both the Parties that:
ii. The venue of such arbitration shall be New Delhi;
iii. The arbitration proceedings s hall be conducted In the

English Language.
iv. The arbitration award shall be final and binding.
v. Mr. Gurmeet Singh S/o Sh Trilok Singh r/o C-168 , Anand

Vihar, Delhi - 110092 , shall be the sole Arbitrator."
12. It IS apparent from the above-made averments that the

Respondent has continuously evaded his obligations and is
currently deliberately avoiding to the appointment
62
arbitrator as per the clause 8 (b) of the MoD. The Respondent is

continuing to ignore the request of the Petitioner/Applicant to
appoint an arbitrator till date.
13. That due to the failure on part of the Respondent to appoint an

arbitrator and to get the arbitral tribunal in place, the
Petitioner/ Applicant continues to suffer, as his legitimate claims
are not getting resolved. Furthermore, Mr. Gurmeet Singh due to
unavoidable circumstances is also not available to be appointed
) as the sole arbitrator. Therefore Petitioner/Applicant seeks the
intervention of this Hon'ble Court under Section 11 (6) r /w
Section 11 (8) of the Arbitration and Conciliation Act, 1996
(hereinafter referred to as the "Act").
14. That it is being pointed out that the appointment of arbitrator in

this matter is subject to provisions of the Act and that cause of
action in this matter accrued and continues to subsists in favour
of the Petitioner/Applicant and against the Respondent within
the territorial & pecuniary jurisdiction of this Hon'ble Court after
07.04.2022.
15. That Petitioner/Applicant has not filed any other petition or

application seeking similar reliefs in any other Court of law
including any other High Court or the Hon'ble Supreme Court.
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-
and Addendum and Agreement to Sell dated 05.10.2019 and

07. 10.2019; and the provisions of the Act.
b) Pass any other order(s) that this Hon'ble Court may deem fit in
the facts and circumstances of the present case.
PETITIONERIAPPLICANT
THROUGH
.t ~ ~
ARW1tI;-'r'I::wR~rJ
ADVOCATE FOR THE TITIONER

NEW DELHI - 110029 IMOB: +91 - 9582012841
EMAIL: aushkhareaarwal"etle.com
NEW DELHI
DATE: 11-
(j~ -1--0 ~1."
VERIFICATION:
1, a boven a m ed Petitioner/Applicant, verified at New Delhi on this

~ day of May, 2022 that the contents of the above Application are
true and correct to the best of my knowledge and belief and based on
the records maintained and are based on legal advice received and
that nothing material has been concealed or suppressed therefrom.
PETITIONER/ PPLICANT
64

IN THE MATTER OF:
RAKESH AHUJA ... PETITIONERI APPLICANT
VERSUS

, . - ",' l '
!'-',
AFFIDAVIT "': c ) )/ ,i
I, Sh. Rakesh Ahuja, Sio Sh. Manohar Lal Ahuja, aged about -'d
years, Rio B-489, New Friends Colony, New Delhi - 110025, do
hereby solemnly affirm and declare as under:
1. That I am well conversant with the facts and circumstances of

the case filed under my signatures and as such I am competent
to swear and affirm the present affidavit.
2. That the accompanying Petition/Application has been drafted by

)
my counsel under my instructions and the same has been read
over to me and is true and correct to the best of my knowledge
and belief. The same is based on my personal knowledge as well
as on the records maintained by the Petitioner I Applicant. The
contents of the accompanying Application may be read as part
and parcel of this affidavit as the same is not being reproduced
herein for the sake of brevity.
65
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
,
..(r~~~~~.~~.~~.~.~:'
~~~~r.~~
w,0 #'\•.- .... t.I. .~ .....
I••••O...
.. .~. .. ~ •• \ .:...~~-- V'" T7~ 011
.l\.I.-A·
Rlo .
Idr:nl\ii.. ;;·:·:;·~:;;:~,r. ~ f.\~...\.l-v..\ \,
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..

IN THE MATTER OF:
RAKESH AHUJA ... PETITIONERIAPPLICANT
VERSUS
STATEMENT OF TRUTH BY WAY OF AFFIDAVIT .,.- -: .,:'.:--:~.... . ;;.

":;
~: ~ ~
I, Sh. Rakesh Ahuja, S I 0 Sh. Manohar Lal Ahuja, aged 'a bout
;,. ' .
hi ~.
- 'A , /
years, Rio B-489, New Friends Colony, New Delhi - 110025," 'db-'·
hereby solemnly affirm and declare as under:
1. I am the Petitioner I Applicant in the abovementioned petition

and am competent to swear this affidavit.
2. I am fully conversant with the facts of the case and have also
examined all the relevant documents and records in relation
thereto.
that stat ments mentioned in para gr aph s _I to 13 a re true

to m .k n owled ge and based on th e in form ation r ceived , wh ich I
\
'., b n- y \ to be orrect and state rn n ts made in pa ra graphs lJ.; to

~l r-I I .
' ~k:L' a re , ased on lega l a dvic .
.'"
.
oj " ,
' ..f
4./ I say'/that the r e is no fa ls statement or con cealment of any
" I
. materia l fa ct, document or r co rd a nd I hav includ d

in formation that is according to m e , r I vant for the present
petition.
67
2 1-
5. I say that all documents in my power, possession, control or

custody pertaining to the facts and circumstances of the
proceedings initiated by me have been disclosed and copies
thereof annexed with the petition and that I do not have any
other documents in power, possession, control or custody.
6. I say that the abovementioned pleadings compromise of a total

2Q. pages each of which has been signed by me.
7. I state that the annexures hereto are true copies of the

documents referred to and relied upon by me.
8. I say that I am aware that for any false statement or

concealment, I shall be liable for action taken against me under
(
law
PETITIONER APPLICANT
THROUGH
t;
e
68

IN THE MATTER OF:-

VERSUS
APPLICATION FOR EXEMPTION FROM FILING CERTIFED

COPIES
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

PETITIONERS ABOVE NAMED
MOST RESPECTFULLY SHOWETH:

1. The Petitioner above named most respectfully submits that the
present Special Leave Petition is being filed against 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.
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
brevity and to avoid inconvenience.
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
misplaced in the office of the counsel and could not be traceable
despite best efforts. That due to urgency of the matter, the
Petitioner herein is filing the present petition alongwith the
uncertified copy 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 and other documents and
orders, which may not be in consonance with the rules prescribed
by this Hon’ble Court in respect of certified copies of the
impugned judgment and documents and other orders, and is hereby
seeking leave of this Hon’ble Court to so present the present
petition.
3. That the Applicant/Petitioner hereby undertakes to furnish the
certified copy of the impugned judgment and documents and other
orders as and when directed by this Hon’ble Court.

70
4. That this application is made bona fide and it is in the interest of
justice that this Hon’ble Court may kindly be pleased to allow
Petitioner exemption as sought for by way of the present
application.
PRAYER
It is, therefore, respectfully prayed that your lordships maybe pleased to:
(a) exempt the Petitioner from filing certified copy 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
and documents and other orders.
(b) Pass any other or further orders as may be deemed fit and proper in
the circumstances of the case.
AND FOR THIS ACT OF KINDNESS, YOUR PETITIONER, AS IN

DUTY BOUND, SHALL EVER PRAY.
DRAWN BY: FILED BY:
GOPAL SINGH KUMAR MIHIR

ADVOCATE ADVOCATE FOR THE PETITIONER
Filed on: 24.09.2022

Place: New Delhi
71
INTHE MATTER OF:

SANDEEP SHARMA ....PETITIONER
VERSUS
RAKESH AHUJA
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,
-
presently at New Delhi, do hereby solemnly

under:
affirm addeclare as
T.
1 That I am Petitioner in the present Special Leave Petition and as
such I am well conversant with the facts of the present case, and
therefore, am competent to depose this affidavit.
2. That the contents of the
present application for exemption are truee
and correct to the best of my
knowledge and information derived from the
ExecutanttDeponenffs
reeofds of the matter.
o f
befnr*
the bEPONENT
signed
ldentity
VERIFICATION
has
W h o
Verified at New Delhi on

this
of the above affidavit from Z_Sday oUSptmber,
2022, the contents
Para 1 to 2 are true and correct to best of my
knowledge and belief, no part of it is false and nothing material has been
concealed there from.
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
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

ORDINARY ORIGINAL JURISDICTION
ARBITRATION PETITION NO. ________ OF 2022
MEMO OF PARTIES
RAKESH AHUJA
B-489, NEW FRIENDS COLONY,
NEW DELHI – 110025
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

No. 627/2022]
IN THE MATTER OF:-

VERSUS

INDEX OF FILING
S. No. Particulars Copies Court Fees

1. Special Leave Petition with Affidavit 1 1500
2. Annexure P-1 to P-6 1
3. Application for exemption from 1 200
certified copies
4. Filing Memo 1
5. Vakalatnama 1
Total 1700
KUMAR MIHIR
AOR For Petitioner
New Delhi-110014
Mob. No. 9871130450
Date: 24.09.2022
VAKALATNAMA
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
1, Sandeep Sharma, the Applicant / Petitioner Caveator Plaintiff/ Complainant/

Defendants/ Respondents/Opponents in the above matter here by appoint and retain Sh.
Kumar Mihir, Advocate-on-Record of the Supreme Court of India to act and appear for me/us
in the above matter and to conduct/prosecute and defend the same and all proceedings that
may be taken in respect of any application connected with the same or any decree or order(s)
passed therein /appeals and / or other proceedings arising there from and also in proceedings
for review of judgment/order and for leave to appeal to Supreme Court and to obtain return of
any documents filed therein, or receive any money which may be payable to me/us., and to
represent me/ us/ and to take all necessary steps on my/ our behalf in the above matter. I/ we
agree to ratify all acts done by the aforesaid Advocate, in pursuance of this authority.
Dated the 2 day of September 2022.
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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MoB No. 987|304So
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SLP - Sandeep Sharma

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INDEX

Sl. Particulars of Document Page No. of part to Remarks

3. Listing Performa A1-A3 A1-A3

4. Cover Page of Paper Book A-4

5. Index of Record of Proceedings A-5

6. Limitation Report prepared by the A-6

7. Defect List A-7

8. Note Sheet NS1 TO

9. Synopsis and List of Dates B-H

10. Impugned Judgment & Final 1- 3

12. ANNEXURE-P-1 15-24

13. ANNEXURE-P-2 25-28

14. ANNEXURE-P-3 29-32

15. ANNEXURE-P-4 33-36

16. ANNEXURE-P-5 37-40

17. ANNEXURE-P-6 41-42

18. ANNEXURE-P/7 43-67

20. Memo of Parties 72

22. Vakalatnama along with Memo of 74

23. Proof of Court Fees 75

IN THE SUPREME COURT OF INDIA

SPECIAL LEAVE PETITION (C) No. OF 2022

IN THE MATTER OF:-

SANDEEP SHARMA …..PETITIONER

RAKESH AHUJA ….. RESPONDENT

1. The Petition is within time.

condonation of _____ days delay has been filed.

3. There is delay of ……..days in re-filing the petition and petition for

condonation of ……..days delay in re-fling has been filed.

PROFORMA FOR FIRST LISTING

Central Act : Arbitration and Conciliation Act,

2. (a) Petitioner/Appellant : Sandeep Sharma

3. (a) Respondent No. 01 : Rakesh Ahuja

4. (a) Main Category :

9. Tax Matters: State the tax effect

10. Special Category Senior Citizen>65 years: N.A.

IN THE SUPREME COURT OF INDIA

SPECIAL LEAVE PETITION (C) No. OF 2022

IN THE MATTER OF:-

SANDEEP SHARMA …..PETITIONER

RAKESH AHUJA ….. RESPONDENT

S. Date Proceedings Pages

SYNOPSIS AND LIST OF DATES

arbitration on the consideration that there exists an Arbitration Clause in

the Memorandum of Understanding dated 07.10.2019, when there is

none, raises significant questions of law as under:

Primarily, as to whether the alleged addendum dated 07.09.2019

can be read as the part of Memorandum of Understanding dated

11.08.2018 (hereinafter referred to as “MoU dated 11.08.2018”).

Because, addendum dated 08.09.2019 nowhere refers to the MoU dated

(hereinafter referred to as “Act”).

Secondly, as to whether or not the Hon’ble High Court ought to

have considered that the MoU dated 11.08.2018, when read

independently, bars the recourse under Section 11 of the Act on the

Thirdly, as to whether or not the alleged Agreement to Sell dated

05.09.2019 and 07.09.2019 are independent and separate documents and

basis to allow petition under Section 11 of the Act.

11.08.2018 That the Petitioner and Respondent entered into a MoU

dated 11.08.2018, to enter into a joint venture for the

development and construction of flats upon the Petitioner

purchasing the land in question on or before 30.09.2018.

That as per the said MoU dated 11.08.2018, the