SANJUCTA KABASI SEAT NO.
78, BAR ROOM-I TIS
ADVOCATE DELHI HAZARI COURTS, DELHI-54
HIGH COURT ENRL NO. D/540/2015 MOB: 7838558407
REF:……….. Date: 01.10.2024
To,
Shri Deepak Kaushal
C/o M/s Jagdamba Properties
Plot No. 227, Pocket15,
Sector-24, Rohini,
Delhi – 110085
LEGAL NOTICE
Sub: NOTICE INVOKING ARBITRATION UNDER CLAUSE VI OF THE
ARBITRATION AGREEMENT DATED 01/01/2024
Sir,
Under instructions from and on behalf of my client Shri Anand Verma C/o M/s Skyrise
Contractors having an office at Plot No. 6, Bhagwati Garden, Near Dwarka Mor, Dwarka, Delhi –
110075, I hereby serve upon you with the following legal notice: -
1. My client Shri Anand Verma is an owner of M/s Skyrise Contractors, a reputed firm
engaged in the business of construction and building major real estate projects in India for
the last 25 years.
2. That on 01/01/2024, you the addressee and my client abovementioned have entered into a
contract, wherein my client agreed for the construction of the residential project namely
PARADISE APARTMENTS located at Plot No. 20, Pocket 8, Rohini Sector 24, Delhi
– 110085. That in pursuant to the same you the addressee was sent a demand notice on
01/03/2024 to clear the outstanding recoverable claim amount of Rs. 3.15 crores within
30 days for the construction work done till date by my client.
3. That out of some or the other pretext you the addressee made continuous denial in
clearing the said outstanding recoverable claim amount till date and also, admittedly you
have failed to respond to the said Demand Notice within the prescribed period of 30
days.
4. That the total outstanding amount payable by you the addressee to my client under the
main agreement dated 0/01/2024 as on date is as under:
(i) Total outstanding amount of the claims is Rs. 3.15 crores
(ii) Interest at the rate of 8.5% per annum on total outstanding amount from the date
of the demand notice dated 01/03/2024 upto the initiation of the arbitration
proceedings
SANJUCTA KABASI SEAT NO. 78, BAR ROOM-I TIS
ADVOCATE DELHI HAZARI COURTS, DELHI-54
HIGH COURT ENRL NO. D/540/2015 MOB: 7838558407
(iii) An amount of Rs. 1 crore towards the damages suffered by my client on account
of delay in payment and loss of reputation.
5. That vide clause IV of the supplementary agreement dated 01/01/2024, you the addressee
and my client agreed the that any dispute or difference whatsoever arising between the
parties out of/under or in connection with or relating to the construction, meaning, scope,
operation, or effect of the contract or the validity or the breach the thereof shall be
referred to a Sole Arbitrator.
6. That all sincere efforts made by my client to resolve the said dispute amicably through
mutual conciliation has been failed by your continuous denial to clear the said
outstanding claim amounts and therefore disputes have arisen between the parties to the
said agreement.
7. Therefore, I Anand Verma, hereby propose that Shri Rakesh Mishra R/o B-174, Sector 14,
Noida – 201301(UP) be nominated as sole arbitrator under the said clause. You are
requested to give your consent within 30 days of the receipt of this notice for the
appointment of Sh. Rakesh Mishra as sole arbitrator to determine the disputes arisen
between the parties to the agreement dated 01/01/2024.
8. However, if you do not give your consent to the appointment of the abovesaid gentleman
as the sole, arbitrator, you are requested to suggest the names of three gentlemen, whose
names you propose for appointment as a sole arbitrator, within a week of the receipt of
this notice.
Please note that if you fail to give your consent for the proposed by my client or if you do
not suggest the names, to whom you propose within a week from the receipt of this notion,
I shall make an application to the court for the appointment of the sole arbitrator in
accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended
from time to time.
COPY KEPT IN MY OFFICE FOR FURTHER REFERNCE AND RECORD.
(SANJUCTA KABASI)
ADVOCATE
