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Synopsis

The Delhi High Court, on Tuesday, issued a notice in cricketer Yuvraj Singh’s application seeking the appointment of a sole arbitrator in a suit filed against M/s Brilliant Etoile Private Limited, alleging a violation of personality rights and a delay in the delivery of a flat.

The bench of Justice C Hari Shankar while issuing notice to the builder, scheduled the matter for August 5.

Yuvraj Singh, represented by Advocate Rizwan, requested the appointment of a sole arbitrator to resolve disputes arising from a Memorandum of Understanding (MoU) dated November 24, 2020. This MoU pertained to the promotion, endorsement, and marketing of the builder's real estate project, ‘Sky Mansion’, located in Village Chandanhulla, Tehsil Haus Khas, New Delhi.

Advocate Rizwan informed the court that Yuvraj had communicated his issues to the builder, addressing delays, poor quality, surroundings, and the escalated price of the apartment. On April 27, 2024, Yuvraj sent a legal notice demanding damages, concessions, and improvements in the apartment’s quality. Subsequently, Singh invoked the Arbitration Clause on May 26, 2024, under Clause 38 of the Agreement to Sale.

Without responding to the legal or arbitration notices, the builder issued a termination letter to Yuvraj. In response, the cricketer sought a refund of the amount paid along with 18% interest through a legal notice. The builder denied all allegations and refused to initiate arbitration proceedings.

Therefore, Advocate Rizwan prayed for the appointment of a sole arbitrator to resolve the disputes arising from the Agreement to Sale dated February 5, 2021. He also alleged that the builder continued to use Yuvraj's brand value for commercial purposes despite the expiry of the MoU on November 24, 2020.

Case Title: Yuvraj Singh v M/s Brilliant Etoile Private Limited