PROTO DEVELOPERS AND TECHNOLOGIES LTD vs M/S ANTRIKSH REALTECH PVT LTD & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.02.2026 Judgment pronounced on: 18.03.2026 Judgment uploaded on: 18.03.2026 + FAO(OS) (COMM) 189/2024 & CM APPL. 48495/2024 PROTO DEVELOPERS AND TECHNOLOGIES LTD .....Appellant Through: Mr. Ashwani Kumar Singh, Adv. versus M/S ANTRIKSH REALTECH PVT LTD & ANR .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the „Act‟] is directed against the judgment dated 10.05.2024 passed by the learned Single Judge in O.M.P. (COMM) 98/2024 captioned Proto Developers & Technologies Ltd. Vs. Antriksh Realtech Pvt. Ltd & Anr. [hereinafter referred to as the „Impugned Judgment‟], whereby the Petition instituted by the Appellant herein under Section 34 of the Act [hereinafter referred to as „Section 34 Petition‟] assailing the Arbitral Award dated 01.07.2023 [hereinafter referred to as „the Award‟] came to be dismissed. Signature Not Verified Signed By:JAI NARAYAN Signing Date:18.03.2026 FAO(OS)(COMM)189/2024 Page 1 of 16 12:11:18 2. The factual matrix, to the extent required for the purposes of the present Appeal, is noticed hereafter. FACTUAL MATRIX 3. The dispute arises out of a group housing development project proposed on land admeasuring approximately 61,500 sq. yards situated at Village Chhajarsi, Ghaziabad, owned by M/s Raksha Vigyan Karamchari Sahakari Awas Samiti Ltd., Ghaziabad [hereinafter referred to as „the Society‟]. In the year 2006, the Society entered into a development arrangement for the construction, management and allotment of flats with M/s Rose Enterprises (a unit of Proto Infosys Limited), the pred