In a significant legal development, the Delhi High Court has stepped in to address the ongoing disputes between former Indian cricketer Yuvraj Singh and Brilliant Etoile Private Limited, a prominent real estate company. Justice C Hari Shankar has appointed Mukesh Gupta, an advocate and former Vice Chairman of the Central Administrative Tribunal (CAT), as the arbitrator to resolve the issues at hand.
The Genesis of the Dispute:
Yuvraj Singh, a renowned cricket icon, approached the Delhi High Court, alleging two major grievances: the violation of his personality rights and a delay in the delivery of a flat he had booked with the real estate firm. The crux of the matter revolves around a high-value flat in Delhi's upscale Hauz Khas area.
Booking and Subsequent Issues:
In 2021, Yuvraj Singh booked a flat valued at approximately ₹14.10 crore. Despite receiving the possession letter in November 2023, Singh found the property to be of sub-standard quality upon inspection. He claimed that the builder had compromised on the quality of materials and downgraded the fittings, furnishings, lighting, and overall finishing of the apartment.
Violation of Personality Rights:
Adding to the controversy, Singh alleged that Brilliant Etoile Private Limited misused his brand value. According to Singh, the developer violated the terms of their Memorandum of Understanding (MoU) by continuing to use his personality rights beyond the agreed term. The MoU stipulated that Singh's name and likeness could not be used for promotional purposes after November 2023. However, the builder allegedly continued to leverage Singh's brand value to promote the project, thereby breaching the agreement.
Legal Proceedings and Arbitration:
Represented by Rizwan Law Associates, Singh filed a plea with the Delhi High Court, prompting the judicial intervention. Justice C Hari Shankar, acknowledging the merits of the case, appointed Mukesh Gupta as the arbitrator to oversee the resolution of the disputes. The arbitration will be conducted under the aegis of the Delhi International Arbitration Centre (DIAC) and will adhere to its established rules and regulations. The Court also specified that the arbitrator's fees would be as per the Schedule of Fees maintained by the DIAC.
Representation in Court:
Yuvraj Singh's legal team included Advocates Rizwan, Sachi Chopra, Azadar Husain, Nistha Sinha, V Anand, and Yashi Bajpai. On the other side, Advocates Neeraj Singh and Gulati represented Brilliant Etoile Private Limited.
Conclusion:
The appointment of an arbitrator by the Delhi High Court marks a crucial step towards resolving the disputes between Yuvraj Singh and the real estate firm. This case underscores the importance of adhering to contractual agreements and maintaining quality standards in real estate transactions. As the arbitration process unfolds, all eyes will be on the outcome and its implications for both parties involved.
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