GAURAV AGGARWAL vs RICHA GUPTA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06.11.2025 Judgment pronounced on: 21.11.2025 + FAO(OS) 136/2025 and CM APPL. 69067/2025 GAURAV AGGARWAL .....Appellant Through: Mr. Avnish Pandey, Adv. versus RICHA GUPTA .....Respondent Through: Mr Viraj R. Datar, Sr. Adv with Mr. Chetan Lokur, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal assails the correctness of the judgment dated 15.10.2025 passed by the learned Single Judge in O.M.P. 1/2025 [hereinafter referred to as “Impugned Judgment”], whereby the Petition filed by the Appellant under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as “AC Act”] was dismissed and the Arbitral Award dated 10.01.2025 was upheld. By the said Award, the learned Sole Arbitrator terminated the arbitral proceedings under Section 32(2)(c) of the AC Act, holding that the Agreement to Sell [hereinafter referred to as „ATS‟] dated 05.01.2024, was unstamped, unregistered, and therefore, unenforceable in law. Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:21.11.2025 FAO(OS) 136/2025 Page 1 of 14 15:59:05 2. The issue which arises for consideration in the present Appeal is whether the learned Single Judge was justified in upholding the termination of the arbitral proceedings under Section 32(2)(c) of the AC Act by the Arbitral Tribunal, on the ground that the ATS dated 05.01.2024, forming the basis of the arbitral claims, being unregistered and unstamped in respect of immovable property situated in the State of Uttar Pradesh, was unenforceable and incapable of being acted upon. FACTUAL MATRIX 3. The brief facts, leading to the filing of the present Appeal, are as follows. T