$~79 to 82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 81/2025 & I.A. 13920/2026 ANSAL HOUSING LIMITED .....Petitioner Through: Mr. Shashang Garg, Sr. Adv with Mr. Vikas Tiwari, Mr. Kumar Deepraj and Mr. Prithvi Raj Oberai, Advs. versus SAMYAK PROJECTS PVT LTD & ANR. .....Respondents Through: Mr. Vivek Kohli, Sr. Adv with Ms. Sambhavi Srivastava, Ms. Vasudha Chaddha and Mr. Parth, Advs. 80 + O.M.P. (T) (COMM.) 82/2025 ANSAL HOUSING LIMITED .....Petitioner Through: Mr. Shashang Garg, Sr. Adv with Mr. Vikas Tiwari, Mr. Kumar Deepraj and Mr. Prithvi Raj Oberai, Advs. versus SAMYAK PROJECTS PRIVATE LIMITED .....Respondent Through: Mr. Vivek Kohli, Sr. Adv with Ms. Sambhavi Srivastava, Ms. Vasudha Chaddha and Mr. Parth, Advs. 81 + O.M.P. (T) (COMM.) 83/2025 ANSAL HOUSING LIMITED .....Petitioner Through: Mr. Shashang Garg, Sr. Adv with Mr. Vikas Tiwari, Mr. Kumar Deepraj and Mr. Prithvi Raj Oberai, Advs. versus 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 27/07/2026 at 15:27:43 SAMYAK PROJESCTS PRIVATE LIMITED .....Respondent Through: Mr. Vivek Kohli, Sr. Adv with Ms. Sambhavi Srivastava, Ms. Vasudha Chaddha and Mr. Parth, Advs. 82 + O.M.P. (T) (COMM.) 84/2025 ANSAL HOUSING LIMITED .....Petitioner Through: Mr. Shashang Garg, Sr. Adv with Mr. Vikas Tiwari, Mr. Kumar Deepraj and Mr. Prithvi Raj Oberai, Advs. versus SAMYAK PROJESCTS PRIVATE LIMITED .....Respondent Through: Mr. Vivek Kohli, Sr. Adv with Ms. Sambhavi Srivastava, Ms. Vasudha Chaddha and Mr. Parth, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 20.07.2026 I.A. 13920/2026 in O.M.P. (T) (COMM.) 81/2025 1. Learned counsel for the applicant after some arguments is not pressing this application with liberty to raise all the issues before the arbitrator in the pending application for impleadment. 2. The application is accordingly disposed of as withdrawn. O.M.P. (T) (COMM.) 81/2025, O.M.P. (T) (COMM.) 82/2025, O.M.P. (T) (COMM.) 83/2025 & O.M.P. (T) (COMM.) 84/2025 3. These four petitions are decided by a common order as the facts and the issues involved are similar. For convenience, the facts are taken from O.M.P. (T) (COMM.) 81/2025. 4. The relevant facts are that the petitioner/builder and the 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 27/07/2026 at 15:27:43 respondents/land owners entered into a Joint Venture Agreement dated 24.06.2013 (for short „JVA‟). Clause 23 of the JVA provides for resolution of disputes through arbitration. During the execution of the agreement disputes arose between the parties and the arbitration was invoked. This court in all these matters appointed Shri Justice A.K. Sikri (former Judge, Supreme Court of India) as the sole arbitrator. The tenure of the arbitration was extended by this court on 12.01.2024 and 14.01.2025. Thereafter on 23.05.2025, the petitioner filed an application before the arbitrator for the recusal alleging bias. The application was dismissed on 19.07.2025 but the arbitrator recused from the arbitration. Hence, the present petitions. 5. The following order was passed on 22.01.2021 in a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996: “I.A.No.1077/2021 (Exemption) Allowed, subject to all just exceptions. The application stands disposed of. ARB.P. 135/2021 “This is a petition under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") seeking appointment of sole arbitrator. It has been submitted by learned senior counsel appearing on behalf of the petitioner that petitioner and the respondent had entered into a Memorandum of Understanding dated 12.04.2013 for the purpose of development and construction of a commercial/residential complex on a plot of land admeasuring 2.60 acres at Sector 83 of Gurgaon Manesar Urban Complex Master Plan. As per the petitioner the respondent arbitrarily terminated the said MoU vide legal notice dated 10.11.2020, although the MoU was irrevocable. The 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 27/07/2026 at 15:27:43 MoU contains an arbitral clause and petitioner has invoked the same vide notice dated 19.12.2020. Under these circumstances, in view of the Clause 21 of the MoU, a prayer has been made in this regard to appoint any retired judge of Supreme Court or of High Court as sole Arbitrator for adjudicating the disputes between the parties emanating from MoU dated 12.04.2013. Issue notice. Mr. Ayushman, Advocate accepts notice on behalf of the respondent. At the outset, it has been submitted by both the parties that they are agreeable that Justice A. K. Sikri, retired judge of Supreme Court may be appointed as a sole Arbitrator to enter upon and decide the disputes between the parties emanating from MoU dated 12.04.2013. In view of this, Justice A.K. Sikri (Mobile No.9818000300), retired judge of Supreme Court is appointed as sole Arbitrator with a request to enter upon the reference on 05.02.2021 at 4:00 PM. Both the parties have agreed that they shall appear before the learned Arbitrator either physically or virtually, as may be convenient to the learned Arbitrator. The remuneration and other conditions shall be governed by the rules framed by the Delhi International Arbitration Centre (DIAC). The learned Arbitrator shall make declaration under Section 12 of the Act. Both the parties have agreed that seat of Arbitration shall be at Delhi. The petition is disposed of in the above terms. Copies of the order be sent to learned Sole Arbitrator at the earliest. The copies of the order be also provided electronically to both the counsel.” 6. It is an admitted fact that recusal of the arbitrator necessitated filing of this petition. 7. Despite adjournments, learned counsel for the parties have not been 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 27/07/2026 at 15:27:43 able to agree on the name of the arbitrator and the prayer is that this court may appoint the arbitrator. 8. The petition is allowed and Hon‟ble Mr. Justice Sanjiv Khanna, former Chief Justice of India (Mobile No: 9818123334) is appointed as sole arbitrator on the terms mentioned in order dated 18.07.2023. AVNEESH JHINGAN, J JULY 20, 2026/Pa 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 27/07/2026 at 15:27:43