NEO DEVELOPERS PVT. LTD vs ASHOK SHARMA

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 2019. Thereafter, a Memorandum of Understanding was entered i