Delhi HC issues notice to appoint arbitrator in realty case
Real Estate

Delhi HC issues notice to appoint arbitrator in realty case

The Delhi High Court issued notice to a real estate firm on pleas by former India cricketer Yuvraj Singh seeking invocation of arbitration laws over alleged violation of his privacy rights in promotion of construction projects and for delayed delivery of a dwelling unit to him in the national capital. Justice C Hari Shankar sought the response of Brilliant Etoile Private Limited on the two pleas by Singh for appointment of an arbitrator to hear and adjudicate the disputes between him and the builder. The high court listed them for further hearing on August 5. In one of the pleas filed through advocate Rizwan, the cricketer said a sale agreement was executed between him and his mother on one side and the builder on the other for the purchase of an apartment for over Rs 14 crore in the real estate project initiated by Brilliant Etoile Pvt Ltd in Hauz Khas under the name 'Sky Mansion' and displaying the name 'Risland'. In the other plea, he said a Memorandum of Understanding was executed between him and the builder for the purpose of promotion, endorsement and marketing of the real estate project. However, the builder allegedly acted in breach of the terms of the MoU and the agreement on delivery of possession of the apartment, the pleas claimed. "Pursuant to the receipt of the possession letter the petitioners inspected the apartment and to utter shock and dismay of the petitioners, the same was found to be in complete disregard of the standards of quality, grade, specifications and finishing promised at the time of execution of the agreement. "It is submitted that the respondent compromised on the quality of material used and down-graded the quality of fittings, furnishings, lighting and finishing of the apartment. The same fails to match the standard attributed to the sample displayed and promised to the petitioners in terms of the agreement," the petitions said. According to the MoU, the cricketer was to promote and endorse the project and the MoU expired on November 23, 2023. He is aggrieved by the alleged continued commercial use of the services provided by him, including the use of his photographs on billboards, project site, social media posts, and articles despite the expiry of the MoU, it said. The former India all-rounder said the alleged continued use of his image and others was in complete violation of his copyright, personality rights, and right to publicity enshrined under the laws and protected as his intellectual property rights.

The Delhi High Court issued notice to a real estate firm on pleas by former India cricketer Yuvraj Singh seeking invocation of arbitration laws over alleged violation of his privacy rights in promotion of construction projects and for delayed delivery of a dwelling unit to him in the national capital. Justice C Hari Shankar sought the response of Brilliant Etoile Private Limited on the two pleas by Singh for appointment of an arbitrator to hear and adjudicate the disputes between him and the builder. The high court listed them for further hearing on August 5. In one of the pleas filed through advocate Rizwan, the cricketer said a sale agreement was executed between him and his mother on one side and the builder on the other for the purchase of an apartment for over Rs 14 crore in the real estate project initiated by Brilliant Etoile Pvt Ltd in Hauz Khas under the name 'Sky Mansion' and displaying the name 'Risland'. In the other plea, he said a Memorandum of Understanding was executed between him and the builder for the purpose of promotion, endorsement and marketing of the real estate project. However, the builder allegedly acted in breach of the terms of the MoU and the agreement on delivery of possession of the apartment, the pleas claimed. Pursuant to the receipt of the possession letter the petitioners inspected the apartment and to utter shock and dismay of the petitioners, the same was found to be in complete disregard of the standards of quality, grade, specifications and finishing promised at the time of execution of the agreement. It is submitted that the respondent compromised on the quality of material used and down-graded the quality of fittings, furnishings, lighting and finishing of the apartment. The same fails to match the standard attributed to the sample displayed and promised to the petitioners in terms of the agreement, the petitions said. According to the MoU, the cricketer was to promote and endorse the project and the MoU expired on November 23, 2023. He is aggrieved by the alleged continued commercial use of the services provided by him, including the use of his photographs on billboards, project site, social media posts, and articles despite the expiry of the MoU, it said. The former India all-rounder said the alleged continued use of his image and others was in complete violation of his copyright, personality rights, and right to publicity enshrined under the laws and protected as his intellectual property rights.

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