M/S AGARWAL ASSOCIATES (PROMOTERS) LTD vs M/S SHARDA DEVELOPERS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 21st January, 2026 Date of Decision: 03rd February, 2026 + CM(M) 156/2026, CM APPL. 3890/2026 & CM APPL. 3891/2026 M/S AGARWAL ASSOCIATES (PROMOTERS) LTD.....Petitioner Through: Mr. Shashank Garg, Senior Advocate with Mr. Divyakant Lahoti, Mr. Kartik Lahoti, Mrs. Vindhya Mehra, Ms. Praveena Bisth, Mr. Adith Menon, Ms. Akanksha Soni and Ms. Shubheksha Dwivedi, Advs. versus M/S SHARDA DEVELOPERS .....Respondent Through: Mr. Roshan Santhalia, Ms. Kavya Arora and Mr. Shivansh Sinha, Advs. CORAM: HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT 1. The present petition has been filed by the petitioner under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), assailing the order dated 24th December 2025 passed by the learned Sole Arbitrator in Case Ref. No. DIAC/6028/03-23, whereby the ld. Sole Arbitrator allowed the application filed by the respondent/claimant to bring on record only one document - Annexure A i.e., Letter dated 08th August, 2012. 2. Ld. Senior Counsel appearing for the petitioner, has argued that the documents sought to be introduced were admittedly within the knowledge and possession of the respondent since the inception of the Arbitral Signature Not Verified CM(M) 156/2026 Page 1 of 6 Signed By:MANISHA RAJPUT Signing Date:03.02.2026 16:54:59 Proceedings. It was contented that permitting such documents at the stage of final arguments amounts to reopening concluded stages of arbitration and defeats the statutory objective of expeditious resolution under Section 29 of the Arbitration and Conciliation Act, 1996 (“the Act”). It was further submitted that the impugned order stands outside the four corners of the agreement, which alone defines the ju