The main legal point established in the judgment is the importance of securing the interest of the appellants and the need for proper adjudication of claims and counter-claims before the arbitrator.

JUDGMENT

Talwant Singh, J. - The appellants have filed the present appeal under Section 37 of the arbitration and Conciliation act, 1996 read with Section 13 of the Commercial Court act for modifying the impugned order dated 29.09.2021 passed by learned Single Judge in OMP (I) (COMM) No. 425/2020 titled as 'Manoj Gulshan & anr. vs. Zee Learn Limited', by which the learned Single Judge had disposed of the present appellant's petition filed under Section 9 of the arbitration and Conciliation act, 1996 (hereinafter referred to as 'the act').

2. In brief, the case of the appellant is that appellant no. 1 is the owner of the premises bearing No. a9/20, Ground Floor, Vasant Vihar, New Delhi-110057, which was given on a licence to the respondents for a period of ten years and the appellant no. 2 has done the furnishing and fittings in the said premises. The parties have entered into an agreement dated 06.02.2018 for a period of five years w.e.f. 01.02.2018. The rent was payable @ Rs.2,10,000/- per month from 01.03.2018 till 28.02.2019 and thereafter the rent was to be increased @5% annually.

3. as per the appellants, respondents had paid the rent till august, 2019 and thereafter no payments were made. The agreement was terminated by appellants by a letter dated 27.10.2019 and thereafter the respondent is liable to pay the user charges @ Rs.12,500 plus taxes per day. Since, the premises were not vacated, so they filed the petition under Section 9 of the act in this Court. The prayer clause of the said petition is reproduced hereunder:

1. 'Direct the Respondent to immediately pay to Petitioners arrears of ?59,02,918 [ RUPEES FIFTY NINE LaKH TWO THOUSaND NINE HUNDRED EIGHTEEN ONLY], on account of outstanding Invoices [Nos. 19-B Dt. 01.09.2019 to 32-B Dt. 01.10.2020] @ pre-settled 'Per Day Charges' for 425 days till 31.10.2020, Plus amounts becoming due till the Date of the Order.

2. Direct the Respondent to continue to deposit from the date of order in each succeeding month the consolidated charges each month @ ?12,500 per day Plus applicable Tax thereon, till the premises is 'Re-instated and 'handed-back to Petitioners';

3. In alternative direct the Respondent to vacate the premises forthwith after Reimbursing and clearing the following dues:-

(i) ?79,115=00 [RUPEES SEVENTY NINE THOUSaND ONE HUNDRED FIFTEEN ONLY], ON aCCOUNT OF UPaID ELECTRICITY BILLS PLUS 'ELECTRICITY REINSTaTEMENT CHaRGES) TO BE PaID TO BSES SERVICE PROVIDER;

(ii) ?95,35,903=00 [RUPEES NINETY FIVE LaKH THIRTY FIVE THOUSaND NINE HUNDRED aND THREE ONLY] on account of 'REINSTaTEMENT COSTS' as per Clause(s) V(a), V(f), besides others, of Contract Dt. 6.2.2018, payable by Respondent to Petitioner No 1/Owner/Licensor Mr. Manoj Gulshan.

(iii) ?22,70,650=00 [RUPEES TWENTY TWO LaKH SEVETY THOUSaND SIX HUNDRED FIFTY ONLY] 'REINSTaTEMENT COSTS' as per Clause(s) V(a), V(f), besides others, payable by Respondent to Owner/Licensor M/s. Mona International India/Petitioner no 2.

4. Direct the Respondent to secure and deposit before this Hon Court ?91,50,000=00 [RUPEES NINETY ONE LaKH FIFTY THOUSaND ONLY], on account of Mense profits / Damages claimed by Petitioners from Respondent, for illegally 'Sub-Letting and Misusing' the Premises for diverse Un-authorized Commercial activities and generating many fold Income by running these illegal activities from premises in question.

5. Pass Ex-Parte ad-interim Orders as interim measure for the preservation and protection of the Premises and items therein inundated in floodwaters and save / salvage the premises / items from irreparable loss and damage.

6. To restrain respondent from alienating or creating any third party rights or interest in the premises taken on License by the respondent from petitioner;

7. Pass award cots of the present proceedings for and in favour of Petitioners and against the Respondent herein.'

4. Notice in the petition under Section 9 of the act was issued by the learned Single Judge on 21.01.2020. although it has been