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2024 DAILYLAW 1822 (DEL)

SATNAM ENTERPRISES PRIVATE LIMITED v. UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD.

ARB.P./636/2024 · 2026-02-24

Harish Vaidyanathan Shankar

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Judgment text

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$~23 & 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 635/2024 SATNAM ENTERPRISES PRIVATE LIMITED .....Petitioner Through: Mr. Tanmaya Mehta, Ms. Rashmi Gogoi and Mr. Aryan Bhardwaj, Advocates. versus UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD. .....Respondent Through: Mr. Shashank Garg, Senior Advocate along with Mr. Hardeep Sachdeva, Ms. Priyamvada Shenoy, Ms. Swati Sharma and Ms. Nishtha Jain, Advocates. 24 + ARB.P. 636/2024 SATNAM ENTERPRISES PRIVATE LIMITED .....Petitioner Through: Mr. Tanmaya Mehta, Ms. Rashmi Gogoi and Mr. Aryan Bhardwaj, Advocates. versus UPPAL CHADHA HI-TECH DEVELOPERS PVT. LTD. .....Respondent Through: Mr. Shashank Garg, Senior Advocate along with Mr. Hardeep Sachdeva, Ms. Priyamvada Shenoy, Ms. Swati Sharma and Ms. Nishtha Jain, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 24.04.2026 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 11:49:00 I.A. 11316/2026 (For Directions) in ARB.P. 635/2024 I.A. 11315/2026 (For Directions) in ARB.P. 636/2024 1. The present Applications have been filed under Section 151 of the Code of Civil Procedure, 1908, seeking substitution of Mr. Justice B.R. Gavai (Former Chief Justice of India), who was appointed the learned Sole Arbitrator [“erstwhile learned Arbitrator”] by this Court vide Order dated 24.02.2024, to adjudicate the disputes inter se the parties. 2. This Court takes note of the communication dated 28.03.2026, addressed by the erstwhile learned Arbitrator, whereby he had requested for being relieved from the arbitration proceedings stating certain personal reasons. 3. In view of the foregoing circumstances, the learned counsel for the parties submit that both the parties are ad idem that the erstwhile learned Arbitrator may be substituted to ensure adjudication of the disputes inter se the parties. 4. Learned counsel for the parties further submit that they are ad idem that the present Applications may be considered and treated as Petitions under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 [“Act”] to ensure that no further delay is caused in the adjudication of disputes between the parties. 5. In view of the foregoing submissions, this Court is of the considered view that the adjudication of the disputes, by way of Arbitration, must not be unnecessarily delayed, and therefore the present Applications be treated as Petitions under Sections 14 and 15 of the Act. 6. Learned counsel for the parties further submit that they are ad idem that Hon’ble Mr. Justice Sharad Arvind Bobde (Former Chief This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 11:49:00 Justice of India) may be substituted as the learned Sole Arbitrator for adjudication of disputes between the parties. 7. This Court also takes note of the submission made by the learned counsel appearing on behalf of the Respondent that there is a high possibility of the disputes being settled between the parties since they are in the nature of a family dispute between different members of the family. 8. In view of the aforesaid submissions, this Court is of the considered view that the erstwhile learned Arbitrator be substituted, and since both the parties have mutually consented, this Court hereby requests Hon’ble Mr. Justice Sharad Arvind Bobde (Former Chief Justice of India), to enter upon the reference and adjudicate the disputes inter se the parties. 9. All rights and contentions of the parties in relation to the claims/counter claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law. 10. Needless to state, nothing in this Order shall be construed as an expression of opinion of this Court on the merits of the controversy. 11. Let a copy of the said Order be sent to the learned Arbitrator through all permissible modes, including electronic mode as well. 12. Accordingly, the present Application stands disposed of in the above-stated terms. HARISH VAIDYANATHAN SHANKAR, J. APRIL 24, 2026/nd/va This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2026 at 11:49:00