Delhi High Court
Smt. Vidya Rani Garg & Anr. vs M/S Feetoes on 6 December, 2021
$~2(2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 06.12.2021
+ ARB.P. 1079/2021
SMT. VIDYA RANI GARG & ANR. ..... Petitioners
Through: Ms. Sonal Chauhan, Advocate
Versus
M/S FEETOES ..... Respondent
Through: Mr. Sumeir Ahuja, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
1. The present petition has been under Section 11 (6) of the Arbitration
and Conciliation Act, 1996 seeking appointment of sole Arbitrator to
adjudicate the disputes with respondent.
2. The dispute in question pertains to Shop no. M-24, Ground Floor
admeasuring approx. 425 square feet situated at M-Block, Market, Greater
Kailash-1, New Delhi. Petitioner herein claims to be absolute owner thereof
by virtue of registered sale deed dated 02.09.1999. According to petitioner,
the said shop was let out to respondent, a proprietorship firm, for a period of
six years commencing from 01.12.2019 to 30.11.2025, on a monthly rent of
INR 3,70,000/- and as per the lease agreement, the rent was payable in
advance on or before the 5th day of each English Calendar month, failing
which penalty of Rs.5,000/- per day for the delayed period was to be paid to
the petitioner. The aforesaid lease agreement was registered in the office of
Sub-Registrar, Hauz Khas, New Delhi on 06.12.2019.
3. According to petitioner, as per Clause-3 of the aforesaid lease
agreement, after completion of three years, it was agreed that the monthly
rent shall be increased from Rs.3,70,000/- to Rs. 4,31,250/- for the next
three years w.e.f. 01.12.2022 and service tax and GST shall be borne by the
respondent. Further, there shall be lock-in period of two years from date of
commencement, i.e. 01.12.2019 to 30.11.2021 which is still subsisting.
4. It has been averred by the petitioner that due to Covid pandemic, a
Supplementary Agreement dated was entered into between the parties on
19.09.2020, whereunder the monthly rent was reduced from Rs.3,70,000/- to
Rs.2,25,000/- per month from 01.04.2020 till 31.12.2020 and thereafter, the
rent was agreed upon @Rs.3, 75,000/- per month. However, it was further
agreed between the parties that the Supplementary Agreement shall continue
till March, 2021 and from 01.04.2021, the rent shall be paid @Rs.3,75,000/-
per month. However, since respondent failed to pay monthly rent amounting
to Rs.3,75,000/- along with GST from 01.04.2021 and all efforts to
conciliate with respondent failed, therefore, petitioner sent a Legal cum
Arbitration Notice dated 02.07.2021 to respondent. Also since respondent in
its reply dated 09.07.2021 denied all the claims of petitioner and by further
communications exchanged between the parties, the dispute could not be
resolved, therefore, the present petition has been filed.
5. Mr. Sumeir Ahuja, Advocate, appearing on behalf of respondent has
not disputed invocation of arbitration vide Notice dated 02.07.2021 and has
not objected to the appointment of sole Arbitrator for adjudication of dispute
between the parties.
6. In view of the above, the present petition is allowed. Accordingly,
Mr. Siddharth Sharma Ray, Advocate (Mobile: 9650580863) is
appointed sole Arbitrator in this petition to adjudicate the dispute between
the parties.
7. The arbitration shall be conducted under the Delhi International
Arbitration Centre (DIAC). The fee of the Arbitrator shall be in accordance
with the schedule of fees prescribed under the Delhi International
Arbitration Centre (Administrative Cost and Arbitrators' Fees) Rules, 2018.
8. The learned Arbitrator shall ensure compliance of Section 12 of
Arbitration and Conciliation Act, 1996 before commencing the arbitration.
9. The present petition stands disposed of accordingly.
10. A copy of this order be sent to the learned Arbitrator for information.
(SURESH KUMAR KAIT)
JUDGE
DECEMBER 06, 2021
r
