GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Nova Iron And Steel Ltd. – Appellant
Versus
KMAG International – Respondent
JUDGMENT :
Goutam Bhaduri, J
1. Heard.
2. The present Appeal is against the order dated 07.09.2023 passed by the Commercial Court, New Raipur in Arbitration MJC No.44/2023.
3. Brief facts of the case are that Appellants and the Respondent entered into a lease agreement styled as “Railway Siding Lease Agreement (“Agreement”) whereby, the land in hold of the Appellants from various sources situated at railway siding (PSNS14322913) known as railway siding at Dagori was leased out to the Respondent. The lease deed was executed on 10th day of May, 2023 and in the said lease deed, the period of term of the lease was for 3 years and the same was effective from 01.07.2023. The lease rent was fixed Rs.30 lacs per month and the said lease was to terminate on 30.06.2026. Obligations were imposed on both landlord and tenant by the agreement and the dispute arose when the tenancy was terminated by final termination notice dated 19.08.2023 which specify that the termination will come into effect from 31.08.2023. Since the lease agreement contained an arbitration clause, the Respondent resorted t
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