Back
SURESH KUMAR KAIT
KP Cars Intl Private Limited Through Its Director Kansal – Appellant
Versus
Amish Gupta – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Umpire (Arbitrator) as per clause 19 of lease agreement dated 18.12.2017. Pertinently, petitioner is a company under the provisions of the Companies Act, 1956 and was willing to start a business of Automobiles and was in dire need of commercial accommodation for running and opening of the showroom and authorized service center for imported luxurious Cars having value of more than crores.
2. According to the petitioner, a lease deed was executed between the petitioner and the respondents through a mediator in Respect of the Khasra No.390/2/2, NH-8, Delhi-Gurugram Road, Rangpuri, Near Shiv Murti, New Delhi-110037, measuring area of about 11,000 Sq. ft. on Ground & First Floor. The petitioner through mediator had approached for taking the abovesaid premises with open area attached thereto, including terrace rights for commercial purposes. In March 2018, demised premise was sealed by the MCD as it was being used for commercial purpose without permission. Notice of demand dated 31.05.2021 was served by petitioner upon respondents thereb
The court's decision was based on the specific provisions of the lease agreement and the Arbitration and Conciliation Act, 1996, emphasizing the importance of compliance with the arbitration process.
The court emphasized the authority under Section 11 of the Arbitration Act to appoint an umpire arbitrator and affirmed that the disputes regarding the lease agreement are arbitrable.
The court has the authority to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and the appointed arbitrator must adhere to the provisions of the Act in resolv....
The court's decision was guided by the existence of the arbitration agreement and the consent of the parties, as well as the provisions of the Arbitration and Conciliation Act, 1996.
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
The court's decision emphasizes the importance of arbitration in resolving disputes and upholding the terms of the arbitration agreement.
The court's decision emphasized the arbitrability of the disputes and the appointment of a sole arbitrator under Section 11(5) of the arbitration and Conciliation act, 1996.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
