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2026 DAILYLAW 18322 (DEL)

POONAM DUA v. BIMLA ARORA

ARB.P./1252/2026 · 2026-09-10

Om Prakash Shukla

body2026

Judgment text

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ARB.P. 1252/2026 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010334492026 + ARB.P. 1252/2026 & I.A. 19762/2026 POONAM DUA .....Petitioner Through: Mr. Anish Kumar Maggo, Adv. versus BIMLA ARORA .....Respondent Through: Mr. Sajeev Manchanda, Adv. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 10.09.2026 1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for resolution of disputes arising out of an agreement to sale and purchase dated 25.08.2025 executed between the Petitioner and the Respondent herein pertaining to property bearing no. RL-34 (Upper Ground Floor), Ganga Ram Vatika, Tilak Nagar, New Delhi-110018. 2. It is well settled that while exercising jurisdiction under Section 11 of the Act, the scope of enquiry is confined to examining the prima facie existence of a valid arbitration agreement. 3. In the present cases, there is no dispute with regard to the existence of a valid arbitration clause between the parties. The arbitration agreement in Clause 19 of the aforesaid agreement is as follows: Signed By:PRAGYA ARORA Signing Date:17.09.2026 19:43:34 Signature Not Verified ARB.P. 1252/2026 “19. That in the event of any dispute arising out of this Agreement as to interpretation of any of the clauses or meanings of any word touching the rights and obligations of the Parties whatsoever, the matter of such dispute shall be referred to the Arbitration under the A & C Act 1996, whose decision shall be final and binding upon both the Parties.” 4. Further, learned Counsel appearing for the Respondent does not have any objection for referring the matter to arbitration. In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator. 5. The Petitioner claims an amount to the tune of Rs. 60 lakhs, which has been paid to the Respondent towards purchase of property amounting to Rs. 2.80 crores. 6. Accordingly, Ms. Sangeeta Sondhi, Advocate, (Mob. No. 9810243382) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within three weeks from today. 7. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within three weeks of entering reference. 8. The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. Signed By:PRAGYA ARORA Signing Date:17.09.2026 19:43:34 Signature Not Verified ARB.P. 1252/2026 9. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law. 10. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11 of the Act. The learned Sole Arbitrator shall adjudicate the disputes with claims and counter claims independently and on their own merits, uninfluenced by any observations contained in the present order. 11. The Registry is directed to send a receipt of this order to Ms. Sangeeta Sondhi, learned Arbitrator through all permissible modes including email. 12. Accordingly, the present petition is disposed of in the above terms. OM PRAKASH SHUKLA, J SEPTEMBER 10, 2026/at Signed By:PRAGYA ARORA Signing Date:17.09.2026 19:43:34