RAJESH KUMAR GUPTA Vs. RAJENDER

JUDGEMENT

(1.) Petitioner has approached this Court under Sec. 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Arbitration Act") seeking appointment of a Sole Arbitrator in terms of the Arbitration Clause contained in the Agreement to Sell and Purchase dtd. 24/11/2005 entered into between the Parties, for adjudication of disputes which have arisen between the Petitioner and the Respondents.

(2.) Material on record indicates that vide Agreement to Sell and Purchase dtd. 24/11/2005 accompanied with GPA, Separate Deed of Wills, Affidavit, Receipt and Possession Letter, all dtd. 24/11/2005, the Respondents herein sold and transferred the ownership of an industrial plot being Plot measuring 300 Square Yards out of Khasra No.108/357 (0-06) situated with the extended Lal Dora Abadi of village Khera Kalan, Delhi '110082 (hereinafter referred to as "subject plot") allotted to them to the Petitioner. It is stated in the petition that these documents were executed since registration of Sale Deed was then not permissible. Material on record indicates that the subject plot was allotted to the Respondents on 6/5/2005 which was sold by the Respondents to the Petitioner herein within six months of the allotment of the subject plot i.e., on 24/11/2005. Material on record further indicates that on 10/12/2007, Khasra No.108/357(0-06) was withdrawn from the Respondents and in lieu of the same, Khasra No.108/176 (0-06) was allotted to them. It is stated that on 10/8/2020 when the Petitioner visited the plot, he noticed that somebody else was in the physical possession of the subject plot who did not disclose his identity and the Petitioner was informed that the subject plot was allotted to them after it was withdrawn from the Respondents. It is stated that the Petitioner, thereafter, approached the Respondents to make good the loss suffered by him which was not agreed upon by the Respondents.

(3.) Material on record indicates that a demand cum legal notice dtd. 27/8/2020 calling upon the Respondents to compensate the loss suffered by the Petitioner was sent to the Respondents. The Respondents vide letter dtd. 11/9/2020 sent a reply to the Petitioner wherein the Respondents denied to have executed the Agreement to Sell and Purchase dtd. 24/11/2005.