NEW DELHI: The Delhi High Court has appointed an arbitrator to adjudicate disputes between former Indian cricketer Yuvraj Singh and a real estate firm over alleged violation of his privacy rights in promotion of construction projects and for delaying delivery of a dwelling unit to him in the national capital.
The high court said the arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations.
“Accordingly, the disputes between the parties are referred to Mukesh Gupta … advocate and former Vice Chairman of the Central Administrative Tribunal, for arbitration…
“The arbitrator shall be entitled to fees as per the schedule of fees maintained by the DIAC,” Justice C Hari Shankar said in an order passed on August 5 and made available on Wednesday.
The high court said all questions of fact and law are left open to be adjudicated in the arbitral proceedings and that it has not expressed any opinion on the issue in controversy either preliminary or on the merits.
The high court disposed of Singh’s two pleas for appointment of an arbitrator to hear and adjudicate the disputes between him and the builder, Brilliant Etoile Private Limited.
The counsel for the builder claimed that no amount was due to the petitioner and stated that they have not received the notice sent by Singh.
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 Indian 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.
