Delhi High Court Issues Notice in Yuvraj Singh's Plea for Sole Arbitrator

The Delhi High Court responded to a plea filed by cricketer Yuvraj Singh, who is seeking the appointment of a sole arbitrator to resolve a dispute with M/s Brilliant Etoile Private Limited. The conflicts revolve around alleged violations of personality rights and delays in the delivery of a flat that Singh had purchased from the builder.

Background

Yuvraj Singh, represented by advocate Rizwan, submitted a petition requesting the appointment of a sole arbitrator to adjudicate disputes originating from a Memorandum of Understanding (MoU) dated November 24, 2020. This MoU was signed for Singh's engagement in promoting, endorsing, and marketing a real estate project named Sky Mansion, located in Village Chandanhulla, Tehsil Haus Khas, New Delhi, under the brand name Risland. According to the MoU, Singh was to receive benefits amounting to Rs 1,15,00,000 against the purchase of an apartment in the project.

Dispute Details

In December 2020, based on a sample apartment shown to him, Singh booked and was allotted Apartment No. 0012 on the 23rd floor of Tower A in the Sky Mansion project. An agreement to sell the apartment was subsequently executed on February 5, 2021, with a sale consideration price of Rs. 14,10,07,671.

However, the builder delayed offering possession of the apartment and eventually issued a Possession Letter via email on November 10, 2023. Upon inspecting the apartment in December 2023, Singh found it to be in clear contravention of the sample apartment shown and the terms of the sale agreement. The discrepancies included delays in possession, poor quality of construction, subpar surroundings, and an escalated price.

Legal Actions Taken by Yuvraj Singh

Singh communicated his concerns to the builder, seeking damages and concessions for the delays and misrepresentation of the apartment's quality and surroundings. On April 27, 2024, he sent a legal notice demanding improved quality and adjustments for the issues encountered. Following this, he invoked the arbitration clause on May 26, 2024, as stipulated in the agreement.

Despite these efforts, the builder did not respond to the notices. Instead, they issued a termination letter, which Yuvraj Singh claims was done in bad faith. Consequently, he sought a refund of the amount paid, along with 18% interest, citing wrongful termination of the agreement.

Builder's Response

The builder, referred to as Respondent No. 1, denied all allegations made by Yuvraj Singh and refused to initiate arbitration proceedings. In response to the legal notice for damages, the notice invoking arbitration, and the legal notice for a refund, the builder consistently denied the claims and refused to engage in arbitration.

Court Proceedings

The Delhi High Court, presided over by Justice C Hari Shankar, issued a notice to the builder, M/s Brilliant Etoile Private Limited, and scheduled the matter for a hearing on August 5, 2024. During this hearing, the court will address the appointment of a sole arbitrator to resolve the ongoing disputes between Yuvraj Singh and the builder. He has requested the court to appoint a sole arbitrator to adjudicate the issues arising from the sale agreement dated February 5, 2021.

Allegations of Continued Misuse of Yuvraj Singh's Brand

Additionally, Yuvraj Singh has alleged that the builder continued to use his brand value for commercial purposes even after the MoU expired on November 24, 2020. This alleged misuse of Singh's personality rights adds another layer to the ongoing dispute.

The upcoming court hearing on August 5, 2024, will be crucial in determining whether a sole arbitrator will be appointed to resolve the disputes between Yuvraj Singh and M/s Brilliant Etoile Private Limited.