Back
SACHIN DATTA
Cars24 Services Private Limited through its Authorized Representative Gaurang Saxena – Appellant
Versus
Ranjeet Singh Jindal – Respondent
JUDGMENT :
(Sachin Datta, J.) :—
IA No. 5385/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
IA No. 5386/2022 (delay in re-filing the petition)
3. For the reasons stated in the application, the same is allowed and the delay of 73 days in re-filing the petition is condoned.
4. The application stands disposed of.
ARB.P. 432/2022
5. The present petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 seeks appointment of a sole arbitrator to adjudicate the disputes between the parties.
6. The disputes between the parties have arisen in the context of Lease Deed dated 25.01.2019. The disputes are, inter-alia, on account of alleged unpaid arrears/monetary claims under the aforesaid lease deed.
7. The arbitration clause as incorporated in the aforesaid lease deed dated 25.01.2019, reads as under:—
In case, the sai
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 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....
The court may appoint an arbitrator even when one party fails to attempt amicable resolution, as specified in the arbitration clause.
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 upheld its jurisdiction to appoint an arbitrator in landlord-tenant disputes based on an arbitration clause, affirming party autonomy in jurisdictional matters despite objections.
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
