BRAJ MOHAN AGARWAL & ANR. vs IRAMYA DEVELOPERS PRIVATE LIMITED & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 27.01.2026 Judgment pronounced on: 17.02.2026 + ARB.P. 1756/2025 BRAJ MOHAN AGARWAL & ANR. .....Petitioners Through: Mr. Sarang S. Chowdhry, Mr. Shashank S. Chowdhry and Ms. Nandita Chowdhry, Advocates. versus IRAMYA DEVELOPERS PRIVATE LIMITED & ORS. .....Respondents Through: Mr. Harsh Sinha, Mr. Kunal Makhija and Ms. Anushka Verma, Advocates for R-2 & R- 3. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking the appointment of a Sole Arbitrator in terms of Article 34 of the Apartment Buyer’s Agreements dated 22.01.2016 and 12.03.20162. 2. Petitioner Nos. 1 and 2 are husband and wife, residing in New Delhi. Respondent No. 1 is a company incorporated under the Companies Act, 1956, and is engaged in the business of real estate 1 A&C Act 2 Apartment Buyer’s Agreements Signature Not Verified Digitally Signed ARB.P. 1756/2025 Page 1 of 16 By:HARVINDER KAUR BHATIA Signing Date:19.02.2026 16:40:13 development and construction of residential and commercial projects in New Delhi and its adjoining areas. Respondent Nos. 2 and 3 are Directors of Respondent No. 1-Company and are stated to be responsible for its affairs and representations made to the Petitioners. 3. In January 2016, the Petitioners came into contact with Respondent Nos. 2 and 3, acting on behalf of Respondent No. 1, in relation to a residential project titled “Iramya Heights”, stated to be located at Plot No. 42, Sector-13, Dwarka, New Delhi3. 4. It is averred that Petitioner No. 1, vide cheques dated 11.01.2016 and 18.01.2016, paid sums of ₹1,00,000/- and ₹8,46,000/- respectively towards book