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SURESH KUMAR KAIT
Sandeep Khanna – Appellant
Versus
Karvy Stock Broking Ltd – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent.
2. As per the averments made by petitioners, they are the owners of the premises being an immoveable property, holding undivided share, admeasuring 5,980 sq. ft. situated at Upper Ground Floor, Himalaya House, 23, Kasturba Gandhi Marg, New Delhi-110001. Vide a registered Lease Deed dated 12.07.2017, petitioners had let out the premises to the respondent for a period of 9 years from 15.11.2016 which would expire on 14.11.2025. According to the said deed, respondent was to pay to the petitioners a lease rental of ?130/- per sq. ft. per month for the premises in question in advance on or before the 10th day of English calendar month, subject to the deduction of income tax at source in proportion to the super built-up area owned by each of the petitioners. It was also agreed in the said lease deed that the rent was to be enhanced by 15 % on the expiry of every block of 3 years and in case of delay in payment of the monthly rent, 1% per month simple interest would carry ove
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
Court emphasized that a party's failure to respond to notices regarding breach of contract leads to the appointment of an arbitrator to resolve disputes, as stipulated by the Arbitration and Concilia....
Where a party defaults on contractual obligations and fails to contest a petition for arbitration, the court may appoint a sole arbitrator to adjudicate the dispute.
The court's decision was influenced by the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996, and the requirement for compliance with Section 12 before commencing the arbitrat....
The court held that arbitration must be initiated if disputes remain unresolved, particularly when both parties accept the need for arbitration, affirming the provisions of the Arbitration and Concil....
The court upheld its jurisdiction to appoint an arbitrator in landlord-tenant disputes based on an arbitration clause, affirming party autonomy in jurisdictional matters despite objections.
The court's decision emphasizes the importance of arbitration in resolving disputes and upholding the terms of the arbitration agreement.
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996, in cases where one part....
The central legal point established is the arbitrability of the dispute as per the terms of the Lease Deed and the court's authority to appoint an arbitrator under Section 11(6)(a) of the Arbitration....
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