1. The challenge in this petition under Section 34 of the Arbitration and Conciliation Act of 1996, (‘Act’), by the Petitioner Aspire Investments Pvt. Ltd. (‘ASPL’) is to an interim Award dated 26th June 2014 passed by the sole Arbitrator dismissing the application filed by the Petitioner under Order XII Rule 6 CPC read with Section 31 of the Act.

Background

2. The background to the present petition is that the premises at Flat Nos. F 601-608 and F 610-619 on the 6th Floor of Aditya Tower Building, Plot No.5, Laxmi Nagar, District Centre, Delhi was given on lease by the Petitioner to the Respondent Nexgen Edusolutions Pvt. Ltd. (‘NEPL’) on a monthly rent of Rs.1,50,000 under lease dated 27th March 2008. Although the lease deed stated that the lease was for a period of ten years admittedly the lease deed was unregistered and, therefore, it was in effect a month to month tenancy. Initially for a period of three months the Respondent was required to pay Rs.75,000 per month to account for the period to make the leased premises habitable. The full rent of Rs.1,50,000 was payable from 27th June 2008 onwards. The Respondent paid the Petitioner Rs.9 lakhs as security deposit and