Delhi High Court
Newgen Software Technologies ... vs Oxygen Business Park Private ... on 7 February, 2022
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.02.2022
+ ARB.P. 144/2022
NEWGEN SOFTWARE TECHNOLOGIES LIMITED ..... Petitioner
Through Mr. Angad Sandhu and Ms.Tanya
Mittal, Advs.
versus
OXYGEN BUSINESS PARK PRIVATE LIMITED ..... Respondent
Through Ms. Malvika Kapila Kalra, Ms.Nivriti
Raniwala, Mr. Nikhil Ranjan Ahuja,
Ms. Monisha Mane and Ms. Warisha
Parkar, Advs.
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.
I.A. 2070/2022 (Exemption)
1. Exemption is allowed with direction to file certified/true copies of
dim annexures with margin within four weeks.
2. Application is disposed of.
ARB.P.144/2022
3. The present petition has been filed under Sections 11(5) and 11(6) of
the Arbitration and Conciliation Act, 1996 seeking appointment of sole
Arbitrator to adjudicate the disputes inter-se the parties.
4. Pertinently, petitioner and respondent both are companies
incorporated under the Companies Act, 1956 and petitioner is the leading
provider of unified digital transformation platform with native process
automation, content services and communication management capabilities.
According to the petitioner, respondent is a Grade A office park in close
proximity to the Noida-Greater Noida Expressway and it is one of only two
SEA part in its submarket with excellent infrastructure, easy access to
talented individuals and brilliant connectivity.
5. As per the averments made in the present petition, parties executed a
Sub Lease Deed on 18.12.2014 for leasing out property located in the
Special Economic Zone of Noida for a period of 6 years commencing from
07.04.2013 till 06.04.2019 and the said lease deed was renewed for a further
period of three years as per terms and conditions commencing from
07.04.2019 and expiring on 06.04.2022. However, on 30.12.2020, petitioner
sent an email giving a three months' notice period to respondent for
terminating the renewed deed and respondent accepted the termination
email. Thereafter it was agreed between the parties that petitioner would
transfer vacant possession of the demised premises to respondent by
31.03.2021. Subsequently, various disputes arose between the parties
pertaining to date of handing over the vacant, peaceful and physical
possession of the demised premises along with refund of interest free
security deposit. Accordingly, as per the terms of the renewed deed, all
disputes between the parties were to be settled and adjudicated by the
process of arbitration.
6. Thereafter, respondent vide a notice dated 15th December 2021,
invoked arbitration and suggested appointment of an individual as an
arbitrator. The Petitioner replied to the same and declined the appointment
of the arbitrator suggested by the Respondent. The Petitioner subsequently
provided names of three (3) individuals to be appointed as an arbitrator vide
an e-mail dated 5th January 2022, however, the same were rejected by the
Respondent. Hence, the present petition has been filed.
7. During the course of hearing, learned counsel appearing on behalf of
the respondent has not opposed the present petition and submits that the
claims raised in the present petition are disputed, however, fairly conceded
that the disputes inter se parties are arbitrable. Learned counsel also
submitted that respondent has no objection if disputes are referred to an
independent arbitrator appointed by this Court.
8. Accordingly, the present petition is allowed and Mr.Abhishek
Chauhan, Advocate (Mobile: 9971034355) is appointed sole Arbitrator to
adjudicate the dispute between the parties.
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. The present petition and pending application, if any, are accordingly
disposed of.
(SURESH KUMAR KAIT)
JUDGE
FEBRUARY 07, 2022/ab
