Central Court Hotel vs Funbars Hospitality Private Ltd.
2018 Latest Caselaw 4095 Del

$~24
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                   Date of Decision: 18.7.2018
+      O.M.P.(I) (COMM.) 245/2018
       CENTRAL COURT HOTEL                               ..... Petitioner
                   Through:            Mr. T.K. Ganju, Sr. Adv. with      Mr.
                                       Aquib Ali and Mr. Abhishek
                                       Bhardwaj, Advs.
                            versus

       FUNBARS HOSPITALITY PRIVATE LTD.    ..... Respondent
                    Through: Mr. N. Kumar with Ms. Shurvee
                             Pandey, Advs.
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER

       RAJIV SHAKDHER, J. (ORAL)

1. After some arguments, Mr. N. Kumar, who, appears for the respondent says that the respondent company will deposit the arrears of rent for the period 1.12.2017 to 31.5.2018. As per the details furnished by the petitioner, the sum owed by the respondent is Rs.1,11,94,234/-.

2. Furthermore, counsel for the respondent says that the respondent will also deposit the rent @ Rs.22.80 lakhs for the months of June & July, 2018. 2.1 Learned counsel submits that the rent for the succeeding months will be paid on or before 7th of each calendar month.

3. Insofar as the arrears of rent are concerned, counsel for the respondent says that a sum of Rs.50 lakhs, out of total sum of Rs.1,11,94,234/-, will be deposited within four weeks from today, while the remaining amount will be deposited within four weeks thereafter.

4. The statement of Mr. N. Kumar, learned counsel for the respondent, is

taken on record. An undertaking by way of an affidavit of Managing Director of the respondent i.e., Funbars Hospitality Private Ltd. will be filed in Court within five days from today.

5. At this stage, learned counsel for both the parties say that they are agreeable to the appointment of an Arbitrator in the matter by the Court. 5.1 Accordingly, Mr. Arun Kumar Varma, Senior Advocate, (D-114, First Floor, Defence Colony, New Delhi, Mob. 9811044494) is appointed as an Arbitrator in the matter.

5.2 Counsel agree that the arbitration proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). It is further agreed by the counsel that the fee and rules applicable to the DIAC will apply to the arbitration proceedings inter se the parties herein. 5.3 Since, Mr. Varma is present in the Court, in connection with another matter, he is apprised of the order passed today.

6. The present petition is disposed of in the aforementioned terms.

7. List on 7.9.2018 for compliance.

8. Dasti under the signatures of the Court Master.

RAJIV SHAKDHER, J

JULY 18, 2018/pmc