WTC NOIDA DEVELOPMENT COMPANY PVT. LTD. vs MS. ARTI KHATTAR & ORS.

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16.01.2025 + FAO (COMM) 12/2025 WTC NOIDA DEVELOPMENT COMPANY PVT. LTD. .....Appellant Through: Mr. Shaunak Kashyap, Ms. Nistha Gupta & Ms. Gayatri Dahiya, Advs. versus MS. ARTI KHATTAR & ORS. .....Respondents Through: None. CORAM: HON’BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J (ORAL) CM APPL. 2672/2025—exp. 1. Allowed, subject to just exceptions. FAO (COMM) 12/2025 & CM APPL. 2671/2025—Addl.doc. 2. This appeal has been filed by the appellant, challenging the Order dated 13.01.2025 passed by the learned District Judge (Commercial Court-6), South-East, Saket District Court, in OMP (I) (COMM.) No.2/2025, titled WTC Noida Development Company Pvt. Ltd. vs. Ms. Arti Khattar & Anr., dismissing the petition filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996, as being not maintainable, holding that the arbitration clause Signature Not Verified Digitally Signed FAO (COMM) 12/2025 Page 1 of 6 By:NEELAM Signing Date:20.01.2025 17:51:52 contained in the lease deed dated 01.11.2013 was no longer binding on the parties. 3. The learned counsel for the appellant submits that the appellant had taken on lease commercial space in Plaza M-6, Uppal Plaza, Jasola Commercial Complex, New Delhi, from the respondents vide a lease deed dated 01.11.2013. The said lease deed admittedly contained an arbitration agreement between the parties in the form of Clause 7 (e), thereof. The lease was initially for a period of three years. It was later extended for a period of further three years, until 31.10.2019. It was later extended on the same terms and conditions on 22.06.2020, and 01.04.2021. By a notice dated 05.12.2024, the respondent directed the appellant to vacat