$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 19/2025 SUBHASH CHANDER SONEJA .....Petitioner Through: Mr.Dhruv Gautam and Mr.Tushar Tyagi, Advs. versus SPIRE TECHPARK PRIVATE LIMITED .....Respondent Through: Counsel (appearance not given). CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 16.01.2025 1. By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the petitioner seeks appointment of Arbitral Tribunal comprising of a sole arbitrator, to adjudicate the disputes between the parties. 2. It is stated that the parties executed an Agreement and an allotment letter was also issued confirming the allotment of space/unit within the building “WTC Noida” (formerly known as SpireTech) on a leasehold basis to the petitioner. A Sub-Lease Deed was also registered in favour of the allottee. Subsequently, a Memorandum of Understanding ( MoU) was executed between the parties for recording all closing rights and obligations as agreed between the parties. Admittedly, the said MOU contains a dispute resolution clause which provides for resolution of disputes through arbitration and further designates New Delhi as the seat of arbitration. 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 24/01/2025 at 15:55:40 3. Disputes having arisen between the parties, the petitioner invoked arbitration by issuing a notice dated 09.05.2024, issued under Section 21 of the A&C Act, to which no response has been received. 4. Learned counsels for the parties, on instructions, jointly submit that the Arbitration Agreement not being denied, the disputes arising between the parties be referred to the Arbitral Tribunal comprising of a Sole Arbitrator. Learned counsel for the parties submit that matters pertaining to a similar MoU are pending and have been referred to Ms. Shreya Vedantika Mehra, Advocate (Mob. No. +91 9910027557). They pray that the present matter may also be referred to the same arbitrator. 5. Considering that both the parties have consented to the reference to the arbitral tribunal, the present petition is disposed of with the following directions:- i) The disputes between the parties under the said agreement are referred to the arbitral tribunal. ii) Ms. Shreya Vedantika Mehra, Advocate (Mob. No. +91 9910027557) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the ‘DIAC’). The remuneration of the learned Arbitrator shall be in terms of Schedule IV of the A&C Act or as the parties may agree. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, 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 24/01/2025 at 15:55:40 including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. vi) The parties shall approach the learned arbitrator within two weeks from today. 6. The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J JANUARY 16, 2025/ VLD 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 24/01/2025 at 15:55:40