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2022 Supreme(Bom) 1487

N.J.JAMADAR
Bafna Motors Private Limited – Appellant
Versus
Amanulla Khan – Respondent


Advocates appeared:
K.L. Vyas, Advocate, Karan Vyas, Advocate, Mangesh Patel, Advocate

JUDGMENT

N. J. Jamadar, J. - By virtue of this application under section 11 of the arbitration and Conciliation act, 1996 (the act, 1996), the petitioner seeks appointment of an arbitrator to arbitrate all the disputes and differences that have arisen between the parties in relation to the Leave and License agreement dated 2nd July, 2012.

2. The application arises in the backdrop of the following facts:-

    a] The applicant is a company incorporated under the Companies act, 1956. It is engaged in the business of dealership of commercial vehicles. The applicant was looking for a premises to operate a workshop. The respondent who is the holder of a leasehold land being Survey No. 193, CTS No. 416 of village Kurla, admeasuring 4664.46 sq.ft having a workshop shed at S.K. Compound, Kurla village at Kurla (the subject premises) offered the subject premises to the applicant on leave and license basis.

    3. Pursuant to the negotiations a Leave and License agreement came to be executed between the parties on 2nd July, 2012. The principal terms of the agreement were that the term of license was five years from 1st July, 2012 to 30th June, 2017, there was to be lock-in period for two years i.e. upto

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