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2016 Supreme(Del) 4425

VIBHU BAKHRU
STORE ONE RETAIL INDIA LIMITED – Appellant
Versus
ANNAPURNA INFRASTRUTURE PVT. LTD. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajiv Nayar, Senior Advocate with Mr. Sudhir Sharma, Mr. Sanjeev Kumar Sharma, Mr. Abhishek Swaroop, Mr. Abhishek and Mr. Ritesh Kumar, Advocates.
For the Respondent:Mr. Manish Sharma, Ms. Chandni Mehra, Mr. Abhishek Agarwal, Advocates.

ORDER :

VIBHU BAKHRU, J.

IA No.15671/2016

1. Allowed, subject to all just exceptions.

CAV. No.1065/2016

2. The learned counsel for the respondent no.3/caveator has entered appearance. The caveat stands discharged.

O.M.P. (COMM) 570/2016 and IA No. 15670/2016

3. Store One Retail India Limited (hereafter ‘Store One’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) impugning an arbitral award dated 09.09.2016 (hereafter ‘the impugned award’) made and published by the Sole Arbitrator, Justice Dr. Mukundakam Sharma (Retired), a former Judge of the Supreme Court of India.

4. The disputes between the parties relate to the payment of lease rent and fees for facility management, in respect of the premises (hereafter 'the said premises'), which were taken on lease by Store One in a commercial complex known as “Shop in Park (North)”. The lease for the said premises was terminated by Store One prior to the expiry of the lock-in period and that had resulted in claims, inter alia, for rent/damages being made against Store One.

5. The Arbitrator considered the disputes and awarded rent for the period 01.04.2008 to 22.03.2010 alongwith int























































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