OMAXE NEW CHANDIGARH DEVELOPERS PRIVATE LIMITED vs ATHARVA HOTEL SUPERFLUITIES INDIA PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th January, 2026 Pronounced on: 29th January, 2026 + ARB.P. 1678/2025 OMAXE NEW CHANDIGARH DEVELOPERS PRIVATE LIMITED .....Petitioner Through: Mr. Karanjot Singh Mainee, Mr. Sahil Chopra, Ms. Manya Kaushik, Advocates (M:9717413994) versus ATHARVA HOTEL SUPERFLUITIES INDIA PVT. LTD. .....Respondent Through: Mr. Vishal Bhatnagar and Mr. Veer Pratap Singh, Advocates (M:9313674756) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT MINI PUSHKARNA, J. 1. The present petition has been filed on behalf of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) seeking appointment of a Sole Arbitrator in terms of the arbitration clause, i.e., Clause 15 (b) of the Lease Deed dated 15 th November, 2022 (“Lease Deed”), which provides for adjudication of disputes between the parties by arbitration. 2. Facts of the case, as canvassed in the petition, are as follows: 2.1 The petitioner is a private limited company engaged in the business of real estate development, including, construction of integrated townships, Signature Not Verified Digitally Signed ARB.P. 1678/2025 Page 1 of 18 By:HARIOM SHARMA Signing Date:29.01.2026 20:04:18 residential apartments, commercial spaces, hotels and related infrastructure across India. 2.2 The respondent is a private company engaged in the business of operating and managing hotels in association with third party brands in the hospital sector. 2.3 The petitioner is in the process of constructing and developing a commercial complex in the name and style of „Beacon Street‟, on approximately seven acres of land situated at Village Bharonjian, Tehsil- Kharar, S.A.S. Nagar, Mohali-160055, Punjab (“Project”). For the purposes of the said Project, the res