AKSHAY TALWAR Vs. ANIL SETH

JUDGEMENT

(1.) This petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement to Sell dtd. 17/6/2019/7/8/2019 with respect to the built-up entire first floor without terrace/roof rights, and 1/4th car parking space/share in stilt parking area (below ground floor) of the property bearing No.3310/B, Ranjeet Nagar, New Delhi-110008 (referred to as 'subject property'), which admittedly belongs to the respondents.

(2.) The Arbitration Agreement between the parties is contained in Clause 10 of the Agreement to Sell.

(3.) Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide notice dtd. 6/9/2022. The respondents, however, vide reply dtd. 28/9/2022, refused appointment of an Arbitrator, forcing the petitioner to file the present petition.