NEO DEVELOPERS PVT. LTD vs ASHOK SHARMA

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd APRIL, 2025 IN THE MATTER OF: + FAO (COMM) 28/2024 & CM APPL. 8764/2024 NEO DEVELOPERS PVT. LTD .....Appellant Through: Mr. Jitender Chaudhary, Ms. Shilpa Chohan, Ms. Pankhuri Nehra. Ms. Diksha Verma M, Ms. Aditi Singh and Mr. Shubham Pandey, Advocates. versus ASHOK SHARMA .....Respondent Through: Ms. Aparna Arun, Advocate. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT (ORAL) SUBRAMONIUM PRASAD, J. 1. The present appeal under Section 13(1)(A) of the Commercial Court Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “A&C Act”) has been filed by the Appellant herein against the Judgment dated 05.10.2023 passed by the Ld. District Judge (Comm.), Central District, Tis Hazari Court, Delhi in CS (COMM) 1319/2022 whereby the Ld. District Judge has dismissed the application filed by the Appellant herein under Section 8(1) of the A&C Act and refused to refer the dispute to Arbitration. 2. Material on record indicates that the Respondent, evinced the interest Signature Not Verified Digitally Signed FAO (COMM) 28/2024 Page 1 of 9 By:RAHUL SINGH Signing Date:23.04.2025 19:47:28 in a project of the Appellant called ‘Neo Square Mall’ at Sector 109, Dwarka Expressway, Gurugram, Haryana, by expressing his desire for taking a space of 300 sq. ft. in Food Court on the third floor for a total consideration of Rs.29,61,966/- excluding other charges. It is stated that a sum of Rs.5,00,000/- was to be paid at the time of booking. It is stated that a further sum of Rs.5,00,000/- was to be paid in the month of July, 2019 and the balance amount was to be paid in August, 2019. Thereafter, a Memorandum of Understandin