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2022 Supreme(SC) 347

M. R. SHAH, B. V. NAGARATHNA
Evergreen Land Mark Pvt. Ltd. – Appellant
Versus
John Tinson & Company Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Swati Setia, AOR
For the Respondent(s): Ms. Shyel Trehan, Adv. Mr. Raghav Anand, Adv. Ms. Liz Mathew, AOR Ms. Vasudha Jain, Adv.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with impugned judgment and order dated 10.02.2022 passed by the High Court of Delhi at New Delhi in ARB.A. (Comm.) No.9/2022 under Section 37(2)(b) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the “Arbitration Act”), by which the High Court has dismissed the said appeal in which the appellant herein challenged order dated 05.01.2022 passed by the Arbitral Tribunal in two applications filed by respondent No. 1 and 2 herein under Section 17 of the Arbitration Act, seeking deposit of the rental amount for the period between March, 2020 and December, 2021, the appellant herein – lessee has preferred the present appeal.

2. The dispute is with respect to two separate premises owned by respondent No. 1 and 2 herein which were given on lease to the appellant, who is running a Restaurant and Bar in the premises in question. The lease agreement came to be terminated by respondent No. 1 and 2 – original owners. The dispute with respect to the termination of lease agreement is the subject matter before the Arbitral Tribunal. Before the Arbitral Tribunal, respondent No. 1 and 2 filed two separate applications

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