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2013 Supreme(Del) 246

G.S.SISTANI
Adidas India Marketing Private Ltd. – Appellant
Versus
Hicare India Properties Pvt Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Rakesh Tiku, Sr. Adv. with Vijay Srivastava, Advocate.
For the Respondent:Arun Kathpalia, Santosh Kumar, Shoeb Alam, Vaibhav Choudhary, Advocates.

JUDGMENT

G.S. Sistani, J.

1. Present objection petition has been filed by the petitioner under Section 34 of Arbitration and Conciliation Act, 1996, for setting aside the Award dated 10.12.2010 passed by a former Judge of this Court. The impugned award was rendered by the learned Arbitrator on a claim filed by the respondent/claimant against the petitioner company for alleged breach of Agreement to Lease dated 02.08.2007.

2. The facts, necessary to be noticed for disposal of the present petition, are that on 02.08.2007 an Agreement to Lease was executed between one Uppal Housing Limited and the petitioner company with respect to the lease of the premises bearing no.G-03 in Uppal’s Centra Mall, Chandigarh, the ground floor of the property bearing no.177-D, Industrial Area, Phase I, Chandigarh. As per clause 3 of the Agreement to Lease dated 02.08.2007, the lease of the premises was to commence on the date of offer of the possession of the demised premises to the petitioner company. The Lease was initially for a term of three years. Clause 3 of the lease agreement dated 02.08.2007 is being reproduced for ready reference as below:

“….. That the “Lease Commencement Date” or for that pur























































































































































































































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