O.M.P.(I) (COMM.)/411/2024 of M/S COMBITIC GLOBAL CAPLET PVT LTD Vs M/S AMBIKA REALCON DEVELOPERS PVT LTD - High Court of Delhi (High Court of Delhi)

O.M.P.(I) (COMM.) 411/2024                                                                                                         Page 1 of 3 
 
$~94 
* 
IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI 
% 
 
 
 
                              Date of Decision : 09.12.2024 
+  
O.M.P.(I) (COMM.) 411/2024, I.A. No. 47059/2024, 47061/2024 
 
M/S COMBITIC GLOBAL CAPLET PVT LTD           .....Petitioner 
Through: 
Mr. Sacchin Puri (Sr. Adv.) along 
with Mr. Vikas Deep, Mr. Sonu 
Kumar, Ms. Ashna Bhola, Mr. 
Fardeen Khan, Ms. Nidhi Jain, Advs. 
 
 
 
 
versus 
 
 
M/S AMBIKA REALCON DEVELOPERS PVT LTD .....Respondent 
Through: 
Mr. Puneet Bali (Sr. Adv) along with 
Mr. Aditya Soni, Mr. Rajat Gautam, 
Mr. Divyan Shrivastava, Mr. S.S. 
Shekhawat, Advs. 
 
CORAM: 
 
HON'BLE MR. JUSTICE SACHIN DATTA 
 
 
 
 
 
SACHIN DATTA, J. (Oral)
1. 
The present petition has been filed under Section 9 of the Arbitration 
and Conciliation Act, 1996 (hereinafter ‘the A&C Act’) seeking urgent 
interim orders, in the context of an agreement dated 30.01.2019 [amended 
by ‘superseding agreement’ dated 18.07.2020]. 
 
 
2. 
It is stated that in terms of the said agreement, the petitioner is entitled 
to consideration, with an absolute right, title and interest in the ‘net surplus’ 
in the ratio prescribed therein. Disputes between the parties have arisen 
since the petitioner has not been given its alleged entitlement under the 
agreement, including the ‘net surplus’ in the ratio as prescribed in the 
agreement.  
Digitally Signed By:ROHIT
KUMAR PATEL
Signing Date:14.12.2024
23:09:45
Signature Not Verified

  
 
 
 
O.M.P.(I) (COMM.) 411/2024                                                                                                         Page 2 of 3 
 
3. 
Learned senior counsel for the respondent strongly refutes the 
interpretation sought to be accorded by the petitioner to the agreement in 
question ; he  submits that the entitlement of the petitioner would arise only 
after the entire project is over and all the units are sold. 
4. 
The parties are clearly at variance as to the manner in which the 
contract is to be construed and implemented. Admittedly however, the 
agreement between the parties contains an arbitration clause as under:- 
“That in the event of any disputes arising under, in connection 
with, incidental to and/or in interpretation of scope of this 
Agreement or relating thereto, or any Agreement that may follow, 
the parties shall try to resolve the same amicably failing which the 
same shall be referred to any arbitrator to be appointed mutually 
by the Parties and its decision shall be final and conclusive.  The 
provisions of Arbitration and Conciliation Act 1996 and the 
statutory modifications/ amendments and/or re-enactment thereof 
from time to time shall apply to such arbitration.  The place of 
arbitration shall be Delhi and the parties bear and pay their own 
costs, charges and expenses of the proceedings of Arbitration.” 
5. 
Respective counsel for the parties are in agreement and jointly request 
that an independent Sole Arbitrator be appointed by this Court in these 
proceedings itself to adjudicate the disputes between the parties. 
6. 
Accordingly, as jointly prayed, Ms. Justice (Retd.) Hima Kohli, 
Former Judge, Supreme Court of India, (Mob. No.: +91 9871300036) be 
appointed as the Sole Arbitrator to adjudicate the disputes between the 
parties. 
7. 
The respondent shall be entitled to raise preliminary objections as 
regards jurisdiction/arbitrability, which shall be decided by the learned 
arbitrator, in accordance with law.  
8. 
The learned Sole Arbitrator may proceed with the arbitration 
proceedings subject to furnishing to the parties the requisite disclosures as 
Digitally Signed By:ROHIT
KUMAR PATEL
Signing Date:14.12.2024
23:09:45
Signature Not Verified

  
 
 
 
O.M.P.(I) (COMM.) 411/2024                                                                                                         Page 3 of 3

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