ARB.P./699/2026 of MRS. ZUBEDA INAYATALI SOOMAR & ANR. Vs CONCEPT CAPITAL INFRA PROJECTS PVT. LTD. on 5 August 2026

O R D E R

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05.08.2026

1. The present Petition has been filed by the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate upon the disputes between the Parties.

2. It is the case of the Petitioner that the Petitioner invested substantial amounts in the Respondent on assurances of high returns, interest, and a two year buy back option. It is stated that after initial payments, the Respondent later expressed inability and failed to continue payment of interest on the investments.

3. It is stated that the Respondent informed the Petitioners about the launch of its project “the Core” at Plot No.CC-1, Sushant Aquapolis, NH-24, Ghaziabad, Uttar Pradesh and offered to allot a lower ground floor for a total consideration of Rs.55,07,000/- in lieu of Petitioners’ investment and accrued interest.

4. It is stated that pursuant to the Respondent’s representations, a Memorandum of Understanding dated 29.01.018 was entered into between the parties.

5. It is stated that on 31.08.2020, the Respondent cited COVID-19 as a force majeure event causing delay and proposed adjustment mechanisms. It is stated that in view of the continued default on the part of the Respondent, the Petitioners issued a Legal Notice dated 18.02.2023 calling upon the Respondent to hand over peaceful and unencumbered possession of the allotted unit within 30 days. Thereafter, a Recovery Notice dated 01.11.2023 was issued by the Petitioner against the Respondent seeking refund of Rs.55,07,000/- along with outstanding rent and interest @18% per annum.

6. Clause 16 of the Memorandum of Understanding provides for resolution of disputes through arbitration which stipulates that the seat of arbitration shall be in Delhi.

7. It is stated that notice under Section 21 of the Arbitration & Conciliation Act was issued by the Petitioner on 27.11.2025 invoking arbitration. However, the same has not been replied to by the Respondent and therefore the Petitioner has filed the present petition.

8. Issue notice.

9. Learned Counsel enters appearance on behalf of the Respondent. Service is complete.

10. Accordingly, Mr. Shantanu Sharma, Advocate (Mob No: 975592222) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

11. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would be subject to its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

12. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration Act within three weeks of entering reference.

13. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

14. Needless to state, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties.

15. The present Petition stands disposed of in the above terms along with pending application(s), if any. SUBRAMONIUM PRASAD, J AUGUST 05, 2026 hsk