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2020 Supreme(SC) 716

S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
SURESH SHAH – Appellant
Versus
HIPAD TECHNOLOGY INDIA PRIVATE LIMITED – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Vikas Dhawan, Adv. Mr. Satyabrata Panda, AOR Mr. Shashwat Panda, Adv.

JUDGMENT :

A.S. Bopanna, J.

1. The petitioner has instituted this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (‘Act, 1996’ for short) seeking appointment of a Sole Arbitrator for resolving the disputes that have arisen between the parties in relation to the Sub-Lease deed dated 14.11.2018.

2. The property bearing No.154B, Block ‘A’ Sector 63, Phase-III, NOIDA, Gautam Budh Nagar, U.P. having been initially allotted and leased by New Okhla Industrial Development Authority (‘NOIDA’ for short) under a Lease dated 26.03.2003 had changed hands and the lease was ultimately transferred in favour of the petitioner under a Transfer Memorandum dated 13.04.2011.

3. The petitioner thus having acquired absolute long-term leasehold right of the land and building referred supra has Sub-Leased the same to the respondent under the Sub-Lease Deed dated 14.11.2018. In respect of the Sub-Lease entered into between the parties, certain disputes are stated to have arisen which is to be resolved. Since the Sub-Lease Deed provides for resolution of the disputes through arbitration vide Clause 12 thereof the petitioner invoked the same by issuing a notice dated 11.12.2019, nominat


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