JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. These appeals are against a common judgment and final order dated 18th November 2021 passed by the High Court of Sikkim at Gangtok allowing Arbitration Appeal No.02 of 2021 filed by the Respondents, setting aside the impugned order dated 31st May 2021 passed by the Commercial Court on an application of the Appellant under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as “the 1996 Act”, and also dismissing Arbitration Petition No. 02 of 2021 filed by the Appellant under Section 11 of the 1996 Act for appointment of an Arbitrator.

3. The State of Sikkim, impleaded as Respondent No.2 in this appeal, is the absolute owner of the property bearing Plot No.309, Paljor Stadium Road, Gangtok, East Sikkim, known as Norkhill Hotel, hereinafter referred to as the ‘said property’ along with its land, buildings, annexe, servants quarters and garages.

4. By a registered deed of lease dated 9th December 1997, the Respondent State leased out the said property to the Appellant on terms and conditions stipulated in the said deed of lease. Some of the terms and conditions of the Deed of Lease are set out hereinbelow for con