- (1.) THE above suit was originally filed against Defendant No. 1, DLF Commercial Complexes Limited ('DCCL'), and Defendant No. 2, DLF Universal Limited ('DUL') and two others. DUL in its application stated that by an order dated 30th April 2010 passed by the Court in Company Petition No. 305 of 2009, DCCL merged with DLF Retail Developers Limited ('DRDL') and the merged entity DRDL was subsequently renamed as DUL which has already been impleaded as Defendant No. 2. The certificate dated 23rd July 2010 issued by the Registrar of Companies giving effect to the above change has been placed on record.
(2.) AS a result, the present application is allowed and the cause title is permitted to be changed by replacing Defendant Nos. 1 and 2 with Defendant No. 2, i.e., DUL, which shall be renumbered as Defendant No. 1. The changed cause title as proposed in the application is taken on record. This is an application filed by the Defendant under Sections 5 and 8 of the Arbitration and Conciliation Act, 1996 seeking reference of the disputes between the parties to arbitration.
(3.) THE background to this application is that the above suit has been filed by the Plaintiff, Sarna International Private Limited, through its Director Mr. Rabinder Singh Sarna. The Plaintiff had applied to DCCL and was allotted two commercial spaces DTS -626 and DTS -627 DLF Towers, Shivaji Marg, New Delhi. In respect of the property at DTS - 626, a Commercial Buyer's Agreement ('CBA') dated 27th June 2008 was executed between the parties. The basic sale price was Rs. 1,25,84,000, parking charges were Rs. 6,00,000, and maintenance security was Rs. 4,84,000. The total consideration was Rs. 1,36,68,000. In para 5 of the plaint, the Plaintiff has set out the details CS(OS) No. 2317 of 2010 Page 2 of 12 of the payment made towards the aforementioned property at DTC -626 made to the DCCL. A total sum of Rs. 82,42,709.04 by way of seven cheques between 28th September 2007 and 30th September 2008 was paid by the Plaintiff to DCCL.;