Cricketer Yuvraj Singh Seeks Appointment Of Arbitrator To Address Disputes With Developer Over Personality Rights Violation, Flat Possession
Cricketer Yuvraj Singh has moved the Delhi High Court seeking appointment of an arbitrator to adjudicate the dispute involving him and a developer over alleged violation of his privacy rights while promoting a real estate project and failure to adhere to the timeline for delivery of possession of an apartment in the project in the national capital.Justice C Hari Shankar issued notice on...
Cricketer Yuvraj Singh has moved the Delhi High Court seeking appointment of an arbitrator to adjudicate the dispute involving him and a developer over alleged violation of his privacy rights while promoting a real estate project and failure to adhere to the timeline for delivery of possession of an apartment in the project in the national capital.
Justice C Hari Shankar issued notice on Singh's pleas seeking appointment of arbitrator filed under Section 11 of the Arbitration and Conciliation Act. The matters will now be heard next on August 05.
In June, Singh sent two notices invoking arbitration to the developer M/s Brilliant Etoile Private Limited. The cricketer is represented by Rizwan Law Associates, a law firm headed by Advocate Rizwan.
In the notice concerning his privacy violation, Singh said that the developer has misused his brand value and contravened the terms of the Memorandum of Understanding entered between the parties on November 24, 2020.
As per the MoU, Singh was to promote and endorse the project in question. The MoU expired on November 23 last year.
Singh 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, articles etc. despite expiry of the MoU.
This, as per the cricketer, is in complete violation of his Copyright, Personality Rights, Right to Publicity enshrined under the laws and protected as his Intellectual Property Rights.
The second notice concerning possession of a flat in the project states that the developer has failed to adhere to the timeline and schedule of delivery and thus acted in contravention of the Agreement to Sale.
The Memorandum of Understanding was executed between Singh and the developer for promotion, endorsement and marketing of a real estate project under the name 'Sky Mansion' and displaying the name 'Risland'.
Singh alleged that the developer compromised on the quality of the material used in the apartment and downgraded the quality of fittings, furnishings, lighting and finishing.
The cricketer has further alleged that the promises, escalated price charged more than the actual market price and poor and unhygienic surroundings by the developer is in violation of the terms of the Agreement to Sale.
Title: YUVRAJ SINGH BUNDHEL v. M/S BRILLIANT ETOILE PRIVATE LIMITED