Delhi High Court
Sudarshan India Pvt. Ltd. vs Manohar Chowdhry And Associates on 23 November, 2020
$~O-5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 624/2020
SUDARSHAN INDIA PVT. LTD. ..... Petitioner
Through Mr.Rahul Malhotra, Adv.
versus
MANOHAR CHOWDHRY AND ASSOCIATES
..... Respondent
Through Mr.Onkar Nath, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 23.11.2020
(Video-Conferencing)
IA No.10815/2020 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The applications stand disposed of.
ARB.P. 624/2020
1. By this petition, preferred under Section 11(6) of the
Arbitration & Conciliation Centre, 1996, the petitioner seeks
appointment of a sole arbitrator, to arbitrate on the disputes between
the parties.
2. Mr. Onkar Nath, learned counsel for the respondent has no
objection.
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3. For the sake of convenience, a brief conspectus of the
controversy, as set out in the petition, may be presented thus.
4. On 19th June, 2019, a lease agreement was executed between
the petitioner and the respondent, whereunder the property at Plot
No.127, Back Side Basement, Sector 44, Gurugram 122002, Haryana,
was leased to the respondent by the petitioner, for a period of three
years.
5. The petitioner claims to have furnished the aforesaid property,
as desired by the respondent, in terms of Clause 28 of the lease deed,
thereby incurring substantial expenditure, on the assurance that the
respondent would occupy the demised property for the entire leased
period.
6. Under the lease deed, the respondent was to pay monthly rent of
₹ 1,25,000/- plus GST to the petitioner with effect from 1st July, 2019,
on or before the fifth day of every calendar month. Default in
payment of rent entitled the petitioner, vide Clause 22 of the lease
deed, to terminate the lease deed and recover the outstanding rental
with interest at the rate of 18% per annum. The petitioner claims
₹32,50,000/-.
7. It is claimed that the respondent has been in possession of the
aforesaid property w.e.f. 1st July, 2019, and was regularly paying rent
till April, 2020. However, it is alleged that, from May, 2020, the
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respondent discontinued payment of rent, thereby breaching the lease
deed. It is also asserted that the respondent has falsely alleged that it
was not being allowed access to the aforesaid property.
8. On 20th June, 2020, the petitioner issued a legal notice to the
respondent, calling on the respondent to cure the default in payment
of rent, and disgorge the rent for the months of May and June, 2020,
amount to the tune of ₹2,50,000/- plus GST along with interest at the
rate of 18% per annum within seven days, failing which it was stated
that the petitioner would be constrained to invoke Clause 22 of the
lease deed, whereunder the lease deed would stand terminated. The
respondent, vide its reply dated 29th June, 2020, denied the allegations
of the petitioner.
9. A further legal notice was issued to the petitioner by the
respondent on 21st July, 2020.
10. It is also asserted that, by operation of Clause 22 of the lease
deed read with the legal notice dated 20th June, 2020, the lease deed
stood terminated on the expiry of seven days from 20th June, 2020.
11. Clause 31 of the lease deed contemplates reference of any
dispute/difference, arising between the parties, for resolution by
arbitration.
12. Learned counsel for the parties submit that their clients are
willing for resolution of the aforesaid dispute by arbitration, but they
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have not been able to arrive at a consensus regarding the identity of
the arbitrator.
13. In view thereof, I appoint Gautam Narayan, Advocate (Phone
no.:- +91 9811411735, 011-29834841; Address :- D17, Basement,
Lajpat Nagar-3, New Delhi - 110024), as the sole Arbitrator, to
arbitrate on the disputes between the parties. The arbitration would
proceed in accordance with the Arbitration & Conciliation Act, 1996,
and the learned sole arbitrator would be entitled to be paid fees as per
the Fourth Schedule of the Arbitration & Conciliation Act, 1996.
14. Learned counsel are directed to contact the learned sole
Arbitrator, at the aforesaid contact details, within 48 hours of receipt
of a copy of this order, as sent to them by e-mail by the Registry, so as
to fix a schedule for arbitration.
15. The learned sole Arbitrator would, thereafter, enter on a
reference and furnish the requisite disclosure under Section 12(2) of
the Arbitration & Conciliation Centre, 1996, within two weeks of
entering on the reference.
16. With the aforesaid directions, this petition stands disposed of.
C.HARI SHANKAR, J
NOVEMBER 23, 2020/aa
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:15.12.2020
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