Asian Hotels (North) Ltd vs Madonnas
2021 Latest Caselaw 2340 Del

$~12 & 13
*         IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                Date of decision: 27.08.2021


    (i)   +     ARB.P. 733/2021
(ii)      +     ARB.P. 735/2021
                ASIAN HOTELS (NORTH) LTD.           ....Petitioner
                         Through: Mr. Sidhant Kumar & Ms. Manyaa
                                  Chandok, Advocates

                             Versus


       (i) SWATIKA JAIN

       (ii) MADONNA'S                                    ..... Respondents
                             Through:     Mr. Mayank Bhugan, Advocate
                                          Ms. Aditi Sharma, Advocate

          CORAM:
          HON'BLE MR. JUSTICE SURESH KUMAR KAIT


                             J U D G M E N T (oral)

The hearing has been conducted through video conferencing.

1. The above captioned petitions have been preferred under Section

11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of

Arbitrator for adjudication of disputes between the parties.

2. Since the relief sought by the petitioners in these petitions is more or

less similar against a common respondent, therefore, with the consent of

counsel for the parties, these petitions have been heard together and are

being disposed of by this common order.

3. Petitioner in the above captioned petitions is a hotel located in a

building complex in the name and style of Hyatt Regency located at Bhikaji

Cama Place, New Delhi. Respondent in the first captioned petition

[ARB.P.733/2021] is in occupation and use of shop No. U-65-A, located at

the Shopping Arcade, Hotel Grand Hyatt located at Bhikaji Cama Place vide

License Agreement dated 01.07.1994 and respondent in the second

captioned petition [ARB.P.735/2021] ] is in occupation of shop No. M-40,

located at the Shopping Arcade, Hotel Grand Hyatt located at Bhikaji Cama

Place vide License Agreement dated 10.09.1986.

4. Petitioner by communication dated 29.05.2020 revoked the license

agreement and called upon the respondents to remove their goods by

01.06.2020. According to petitioner, the respondents are still in occupation

of the shops in question.

5. According to petitioner, the aforesaid communication dated

29.05.2020 was disputed by respondents vide legal notice dated 30.06.2020

and 06.06.2020 respectively.

6. At the hearing, learned counsel for the petitioner submits that the

dispute inter se parties can be resolved in terms of Clause-12 of the License

Agreement by referring it to an Arbitrator and further informs that in other

petitions arising out of similar disputes with regard to occupation of shops in

the Shopping Arcade, Hotel Grand Hyatt located at Bhikaji Cama Place and

revocation of license agreement, this Court in ARB.P.661/2021 and seven

other petitions has appointed Mr. R. L. Meena, former Secretary, department

of Law and Justice, the sole Arbitrator to adjudicate the disputes between the

parties.

7. The aforesaid position is not disputed by learned counsel appearing on

behalf of respondents.

8. Accordingly, Mr. R. L. Meena, former Secretary, department of

Law and Justice (Mobile: 9868601397) is appointed sole Arbitrator to

adjudicate the dispute between the parties in these petitions.

9. The fee of the learned Arbitrator shall be governed by the Fourth

Schedule of the Arbitration and Conciliation Act, 1996.

10. The learned Arbitrator shall ensure compliance of Section 12 of

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

11. A copy of this order be sent to the learned Arbitrator for information.

12. With aforesaid directions, these petitions and pending application, if

any, are accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE AUGUST 27, 2021 r