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2009 Supreme(Del) 279

SUDERSHAN KUMAR MISRA
Roshin Lal Gupta and Sons Pvt. Ltd. – Appellant
Versus
Delhi Tourism and Transportation Development Corporation – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: R.K. Singh and Deepa Rai, Advs.
For Respondents/Defendant: None

JUDGMENT

Sudershan Kumar Misra, J.

1. The plaintiff/appellant - Roshin Lal Gupta & Sons Pvt. Ltd. owns a shop-cum-office at the ground floor, Tribhuvan Complex, Ishwar Nagar, Mathura Road, New Delhi. It let out the said premises to the respondents - Delhi Tourism & Transportation Development Corporation (DTDC) on 2nd March, 2005 for two years. The appellant claims that the monthly rent agreed between the parties was fixed @ 12.5% of the gross profit arising from the sales carried out by the respondents from the said premises. The appellant also contends that at the time when the premises were let out, the respondents assured them that the monthly rent would work out to more than Rs. 30,000/- per month. The terms and conditions of the contract between the parties were reduced to writing by a Deed of Agreement executed on 1st June, 2005 between the parties. That agreement also contained the following arbitration clause:

That if any dispute or difference arises between the parties here or their representatives or in regard to any other matter under these presents and save as to any matter the decision thereof is hereinbefore expressly provided for, the same shall be referred to Sole-A









































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