Back
SURESH KUMAR KAIT
Jaycee Housing Pvt. Ltd. – Appellant
Versus
Cure Foods Private Limited – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. The present petition has been filed by petitioner seeking appointment of a Sole Arbitrator under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996, in terms mentioned in lease deed dated 19.02.2019, executed between the parties.
2. The dispute inter se parties pertains to Building No. 10, Ground Floor, Local Shopping Centre, Madangir, Delhi 110062, measuring 1974 sq. ft. super built up area and 1230 sq. ft. carpet area owned by the petitioner, which was leased out to respondent, who is engaged in the business of fitness, health care, fitness sports training, caf /food retailing, yoga and meditation centres, vide registered lease deed dated 19.02.2019, for a period of 09 years with effect from 01.02.2019. In terms of the aforesaid lease deed, neither petitioner/lessor nor respondent/lessee had a right to terminate the lease within locking period except on account of a force majored event which was described in para 24 of the said lease.
3. The stand of petitioner is that the possession of the premises in question was handed over to the respondent on 31.01.2019 for a r
The main legal point established is the court's authority to appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve disputes related to lease agreements.
The court affirmed the validity of invoking arbitration under the lease agreement, emphasizing the necessity for resolution of disputes through arbitration as per agreed terms.
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
The court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator and ensure compliance before commencing the arbitration.
The central legal point established in the judgment is the appointment of a Sole Arbitrator in accordance with the arbitration clause, the objection to unilateral appointment, and the agreement betwe....
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 appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, reaffirming that disputes regarding lease agreements and arbitration initiation can be resolved th....
The court's decision emphasizes the importance of arbitration in resolving disputes and upholding the terms of the arbitration agreement.
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
