LAWS(DLH)-2023-1-251

SUNIL KUMAR CHANDRA Vs. SPIRE TECHPARK PVT. LTD.

Decided On January 18, 2023
Sunil Kumar Chandra Appellant
V/S
Spire Techpark Pvt. Ltd. Respondents

JUDGEMENT

(1.) The present petition has been filed on behalf of the petitioner seeking the constitution of an Arbitral Tribunal under the provision of Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter as "the Act") qua the dispute arising out of the agreement dtd. 26/8/2013 that was executed between the parties and vide which the petitioner was allocated a lockable unit bearing Unit No. (office no.) 730, on 7th floor, admeasuring about 525 Sq. Feet in Tower T-02.

(2.) Learned counsel for the petitioner submitted that in the year 2012- 2013, the respondent actively publicized its project, World Trade Center, inviting the general public to invest in the project and obtain an office/shop there. It is asserted that the aforementioned initiative was advertised via various channels, such as newspapers, brochures, billboards, etc. Desiring to settle one of his children, the petitioner, on 11/7/2013 addressed the respondent for allotment of space in order to get a store in the aforementioned project.

(3.) It has further been submitted on behalf of the petitioner that the petitioner on the very same day deposited Rs.9,50,000.00 (Rupees nine lakhs fifty thousand) towards the booking amount, and the respondent issued a receipt no. 0232B dtd. 11/7/2013 in response to the receipt of this payment. Subsequently, the respondent issued a demand letter for the Rs.36,75,000.00 (Rupees thirty six lakhs seventy five thousand) as a full and final consideration for the booked space in the aforementioned project, and consequently demanded Rs.21,61,270.00 (Rupees twenty one lakhs sixty one thousand two hundred and seventy) as the remaining balance amount.