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2026 DAILYLAW 20717 (DEL)

ANJANI KUMAR BISHNOI v. M/S LIFESTYLE BUILDCON PRIVATE LIMITED THROUGH ITS DIRECTOR

ARB.P./298/2026 · 2026-09-25

Jyoti Singh

body2026

Judgment text

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ARB.P. 298/2026 and connected matter $~6 & 30 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010054352026 + ARB.P. 298/2026 ANJANI KUMAR BISHNOI .....Petitioner Through: Mr. Mayank Tripathi, Mr. Vijay Shukla, Mr. Vasudev Pal and Mr. Gyan Sancheti, Advocates. versus M/S LIFESTYLE BUILDCON PRIVATE LIMITED THROUGH ITS DIRECTOR .....Respondent Through: Ms. Aanchal Basur and Mr. Abhay Kumar, Advocates. 30 # CNR No. DLHC010460772026 + ARB.P. 1724/2026 & I.A. 26590/2026 ANJANI KUMAR BISHNOI .....Petitioner Through: Mr. Mayank Tripathi, Mr. Vijay Shukla, Mr. Vasudev Pal and Mr. Gyan Sancheti, Advocates. versus LIFESTYLE BUILDCON PRIVATE LIMITED, THROUGH ITS DIRECTOR .....Respondent Through: Ms. Aanchal Basur and Mr. Abhay Kumar, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 25.09.2026 1. These petitions are filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for 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 07/10/2026 at 14:31:24 ARB.P. 298/2026 and connected matter appointment of Sole Arbitrators pertaining to disputes arising from and under two separate Agreements to Sell, both dated 12.02.2021, in respect of two commercial units bearing Nos. 404 (Q-404) and 405 (Q-405), Fourth floor respectively, in Respondent’s project ‘THE HIVE’, Plot No. 126, Industrial Area, Phase-I, Chandigarh. 2. Learned counsels for the parties are ad idem that any dispute arising from or under the agreements are to be adjudicated through arbitration in terms of Arbitration Agreement incorporated as Clause 7. It is submitted that one Arbitrator be appointed in respect of disputes relating to both the agreements albeit they be treated as separate references. Clause 7 reads as follows:- “7.1 In the event of any dispute between the parties regarding this Agreement or any agreement incidental hereto with respect to the terms and conditions of this agreement and respective rights and obligations of the parties, at its option, shall promptly settle the dispute amicably with mutual discussions failing which the same shall be settled through arbitration and sole arbitrator shall be; failing which the same shall be settled through the said adjudicating officer appointed under the Act. The Arbitration proceeding shall be governed by the Arbitration & Conciliation Act, 1996, or any statutory amendments, modifications thereof for the time being in force. Reference to and pendency of Arbitration shall be without prejudice to the right of the Purchaser to effect recovery of its dues under this agreement. The decision of the Arbitrator shall be final and binding on the parties.” 3. The scope and ambit of the jurisdiction of a Referral Court under Section 11 of 1996 Act is confined to examining the existence of an arbitration agreement between the parties to the dispute. [Ref.: In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 & Stamp Act, 1899, (2024) 6 SCC 1 and SBI General Insurance Company Limited v. Krish Spinning, 2024 SCC OnLine SC 1754]. In the instant case, there is no dispute with respect to existence of the arbitration agreement and hence, no impediment in 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 07/10/2026 at 14:31:24 ARB.P. 298/2026 and connected matter appointing the Arbitrator. 4. Accordingly, these petitions are allowed. With the consent of the parties, Ms. Justice Shalinder Kaur, former Judge of this Court (Mobile No.9910384702) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties in both the petitions. These will be considered as two separate references. Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (‘DIAC’). Fee of the Arbitrator shall be fixed as per fee schedule under DIAC (Administrative Cost & Arbitrators’ Fees) Rules, 2018, as agreed. 5. Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference. 6. It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open. It will be open to the parties to file their claims/counter-claims before the Arbitrator. 7. Petitions are disposed of in the aforesaid terms along with the pending application. JYOTI SINGH, J SEPTEMBER 25, 2026 S.Sharma 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 07/10/2026 at 14:31:24