SURYA KANT, J. - (1.) The Petitioner DLF Home Developers Limited (hereinafter, "DHDL") has filed Arbitration Petition No. 16 of 2020 and Arbitration Petition No. 17 of 2020 under Section 11(6) read with Section 11(12) of the Arbitration and Conciliation Act, 1996 (hereinafter, "Act") for appointment of sole arbitrator to adjudicate the differences between the parties that have arisen out of the two Construction Management Agreements dated 25.01.2017. FACTS
(2.) DHDL is a limited liability involved in the business of providing development, management, and investment services concerning real estate projects. The Petitioner and one Ridgewood Holdings Limited entered into a joint venture, in the year 2007-2008, wherein Ridgewood Holdings Limited invested in four Special Purpose Vehicles, including Rajapura Homes Private Limited (Respondent No.1 in Arbitration Petition No.17 of 2020; hereinafter, "Respondent No.1") and Begur OMR Homes Private Limited (Respondent No.1 in Arbitration Petition No.16 of 2020; in short "Begur Company"), for developing residential projects in various cities across India. Respondent No.1 is a company engaged in the construction, development, operations, and maintenance of residential projects, namely, 'DLF Maiden Heights' and 'DLF Woodland Heights,' both of which are in Bangalore, Karnataka (collectively called "Rajapura Project"). Similarly, the Begur Company is engaged in the business of construction, development, operations, and maintenance of residential projects, namely, 'DLF Garden City' situated at Kanchipuram District, Tamil Nadu, and 'DLF Westend Heights' situated in Bengaluru District, Karnataka (collectively called "Southern Homes Project").
(3.) In June 2008, Ridgewood Holdings Limited transferred its stake in the joint venture to its affiliates, Resimmo PCC (in short, "Respondent No.2") in both the Petitions and Clogs Holding BV (hereinafter, "Clogs"). Thereafter, in terms of the arrangement, upon expiry of the exit period, Respondent No.2 and Clogs were inter alia entitled to a put option on the Petitioner, which they exercised from January to May 2014. However, the Petitioner was unable to provide an exit to Respondent No.2 and Clogs. Subsequently, in 2015, the parties agreed to a negotiated settlement, in terms of which, Respondent No.2 was to acquire sole ownership and control of two Special Purpose Vehicles, namely, Respondent No.1 and the Begur Company. It may be noted that Respondent No.2 is a company incorporated under the laws of Mauritius and is engaged in the business of providing investment management services.;