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CHANDRA DHARI SINGH
Fleur Hotels Private Limited – Appellant
Versus
Hind Inns and Hotels Ltd. – Respondent
ORDER :
Chandra Dhari Singh, J.
The file is taken up today as 14th April, 2023 was declared as a public holiday on account of Birthday of Dr. B.R. Ambedkar.
2. The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act, 1996”) has been filed on behalf of the petitioner seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties.
3. The petitioner is Fleur Hotels Private Limited having its registered office at Asset Area 6, Aerocity Hospitality District, New Delhi, 110037. The respondents are M/s. Hind Inns and Hotels Ltd. and M/s. Hind Motors their registered office at 15, Industrial Area, Phase I, Chandigarh, 160002 and Delhi International Arbitration Centre (DIAC).
4. The parties executed a Lease Deed dated 25th April 2019, for the efficacious running of ‘Red Fox Hotel’ located at 15, Industrial Area, Phase 1, Chandigarh, for 30 years w.e.f. 1st June 2016. According to Clause 30.1 of the said Deed dated 25th April 2019, respondent no. 3 was entrusted with the responsibility for the appointment of the sole arbitrator in case of any dispute between the parties.
5. After the execution of the Lea
The court's decision emphasized the arbitrability of the disputes and the appointment of a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
The court emphasized the need for adherence to arbitration clauses in agreements and proceeded to appoint a Sole Arbitrator for the resolution of disputes stemming from a Lease Deed.
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 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 importance of consent of both parties in appointing an arbitrator and the interpretation of Section 10 of the Arbitration and Conciliation Act, 1996.
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.
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