LOTUS REALTECH PRIVATE LIMITED Vs. ASHOK KUMAR JAIN

JUDGEMENT

(1.) This appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeks to challenge an order passed by the Commercial Court, Gurugram dtd. 15/10/2025, whereby the application filed by the appellant under Sec. 9 of the Act has been rejected.

(2.) The primary ground for rejection of the application is that an Arbitrator already stands appointed pursuant to the arbitration agreement entered into between the parties and that the appropriate cause for the appellant would be to approach the Arbitrator under Sec. 17 of the Act. The order of the Commercial Court is assailed on the ground that the nature of bringing the matter before the Commercial Court under Sec. 9 of the Act has distinct attributes and such issues could not have been gone into in proceedings under Sec. 17 of the Act.

(3.) The records would indicate that an agreement has been entered into between the appellant with respondents conferring right on the respondents to undertake real estate development on a portion of land measuring 40 kanals 15 marlas situated in village Chauma, Tehsil & District Gurugram. This agreement was executed into between the parties on 14/8/2013. It is undisputed that possession of such land has been given to the appellant and 830 residential units have been constructed on such land. The buyers of these flats have been transferred the property by way of registered deeds and most of them are in possession over their units. There is no challenge to the transfers made in favour of the purchasers of these houses.