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SANJEEV NARULA
Haryana State Cooperative Supply And Marketing Federation Limited (hafed) – Appellant
Versus
Indo Arya Logistics – Respondent
ORDER
1. The present petitions have been filed under Sections 11(3) and (4) of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] seeking appointment of an Arbitrator for adjudication of disputes, arising out of a Registered Lease Deed dated 5th May, 2015 [hereinafter, "Registered Lease Deeds"] executed between the lessor/Petitioner herein - Haryana State Cooperative Supply And Marketing Federation Limited [hereinafter, "HAFED"], and lessee/Respondent No. 1 - Indo Arya Logistics [hereinafter, "IAL"] in relation to HAFED Warehouse, Inner Ring Road, Near Wazirpur, DTC Depot, Delhi [hereinafter, "Leased Premises"]. The Registered Lease Deed contains an arbitration clause, which reads as under:
"4. ARBITRATION
All disputes and difference arising out of or in any way touching upon or concerning this agreement of lease whatsoever shall be referred to the sole arbitration of Managing Director, Hafed or his nominee whose decision shall be final and binding on both the parties.
2. Before proceeding, it must be noted that though HAFED and Indo Arya Logistics are common parti
Non-signatories or third-parties to arbitral agreements can be referred to arbitration in exceptional cases which fall within the touchstone of Court-laid precedents, especially when there is a commo....
The main legal point established in the judgment is that non-signatories to arbitral agreements can be referred to arbitration in exceptional cases with a commonality of subject matter, as indicated ....
An arbitration agreement within a lease deed remains enforceable even if the deed is unregistered, reflecting the separability doctrine.
Unregistered lease disputes are non-arbitrable and must be brought before the Competent Civil Court.
Immediate intention to refer the dispute to arbitration is a prerequisite for granting interim relief under Section 9 of the Arbitration and Conciliation Act.
The court reaffirmed that the existence of an arbitration agreement is sufficient for appointing an arbitrator, emphasizing minimal judicial interference in arbitration processes.
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