Delhi High Court
M/S Kp Cars Intl Private Limited ... vs Shri Amish Gupta & Anr. on 22 December, 2021
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.12.2021
+ ARB.P. 1014/2021
M/S KP CARS INTL PRIVATE LIMITED THROUGH ITS
DIRECTOR SHRI KANSAL ..... Petitioner
Through: Mr. Deepak Tyagi, Adv.
versus
SHRI AMISH GUPTA & ANR. ..... Respondents
Through: Mr. Nitin Dasmora, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
1. The present petition has been filed under Section 11 of the Arbitration
and Conciliation Act, 1996 seeking appointment of Umpire (Arbitrator) as
per clause 19 of lease agreement dated 18.12.2017. Pertinently, petitioner is
a company under the provisions of the Companies Act, 1956 and was
willing to start a business of Automobiles and was in dire need of
commercial accommodation for running and opening of the showroom and
authorized service center for imported luxurious Cars having value of more
than crores.
2. According to the petitioner, a lease deed was executed between the
petitioner and the respondents through a mediator in Respect of the Khasra
No.390/2/2, NH-8, Delhi-Gurugram Road, Rangpuri, Near Shiv Murti, New
Delhi-110037, measuring area of about 11,000 Sq. ft. on Ground & First
Floor. The petitioner through mediator had approached for taking the
abovesaid premises with open area attached thereto, including terrace rights
for commercial purposes. In March 2018, demised premise was sealed by
the MCD as it was being used for commercial purpose without permission.
Notice of demand dated 31.05.2021 was served by petitioner upon
respondents thereby calling them to pay the amount as mentioned in
paragraph 19 of the plaint and urged for appointment of Arbitrator on behalf
of respondents. However, respondents did not comply with the same. Hence,
the present petition has been filed.
3. Pertinently, as per cause19 of Lease Deed dated 18.12.2017, the
disputes shall be resolved through an Arbitral Tribunal, which shall
constitute a panel of three Arbitrators. Each party shall appoint one
Arbitrator and two appointed Arbitrators so appointed shall appoint one
umpire Arbitrator.
4. During the course of hearing, learned counsel for petitioner has
proposed the name of Ms. Priyanka Bhandari, Advocate [38 LAWYER
CHAMBER PICKET ROAD, MUMBAI-400002, Mobile: 8981096731]
as Arbitrator on behalf of petitioner.
5. At the hearing, learned counsel appearing on behalf of respondent has
disputed the claims raised by the petitioner, however, acceded that the
disputes inter se parties are arbitrable. Learned counsel also informed that
respondents propose the name of Ms. B. L. Garg, ADJ (Retd.)
(Mobile:9810827815) as the second Arbitrator.
6. Learned counsel for the parties have prayed that this Court may
appoint the umpire Arbitrator.
7. Accordingly, Mr. Justice (Retd.) Sunil Gaur (Mobile:
9971000718) is appointed Umpire Arbitrator by this Court to adjudicate the
disputes between the parties. Besides, Ms.Priyanka Bhandari, Advocate is
appointed Arbitrator on behalf of petitioner and Ms. B. L. Garg, ADJ
(Retd.) is appointed Arbitrator on behalf of respondents.
8. The fee of Mr. Justice (Retd.) Sunil Gaur, learned Arbitrator, shall
be governed by the Fourth Schedule of the Arbitration and Conciliation Act,
1996.
9. The learned Arbitrators shall ensure compliance of Section 12 of
Arbitration and Conciliation Act, 1996 before commencing the arbitration.
10. The present petition stands disposed of accordingly.
11. A copy of this order be sent to the learned Arbitrator for information.
(SURESH KUMAR KAIT)
JUDGE
DECEMBER 22, 2021
ab
