The Court emphasized the limited circumstances under which the Court should intervene under Section 9(3) of the Act, 1996 after the constitution of the Arbitral Tribunal, and the alternative remedy under Section 17.

ORDER

Chandra Dhari Singh, J. (Oral)

I.A. 8308/2023 (Exemption)

Exemption allowed subject to just exceptions.

The application stands disposed of.

O.M.P.(I) (COMM.) 130/2023

1. The instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter "The Act, 1996") has been filed on behalf of petitioner seeking the following reliefs:

"(i) The respondents No.1 may be directed to deposit a sum of Rs 71, 54,865/- (Rupees Seventy-One Lakhs Fifty-Four Thousand Eight Hundred and Sixty-Five only) before the Hon'ble Court and arrears of rent mentioned in para No.5 in the petition.

(ii) The respondent No.1 may be directed to furnish bank guarantee towards payment of arrears of rent.

(iii) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may be passed in favour of the petitioner and against the respondents."

2. Learned counsel for the petitioner submitted that the petitioner inter alia seeks the interim injunction directing the respondent No. 1 to deposit a sum of Rs. 71,54,865/- along with GST @ 18% in the form of bank guarantee in the Court.

3. It is submitted that the petitioner is the owner of the property bearing No. 2617(7-5),8(3-12),13(2-16),14(8-0), total area measuring 21 Kanal 13 Marle Khewat No. 384,387, Khata No. 422,425 in Village-Joshi Chauhan, Distt. Sonepat, Haryana and the respondent No. 1 is company whrein respondent No. 2 to 4 are the directors of respondent No. 1.

4. It is further submitted that the respondent is stated to have been inducted as a tenant by virtue of the Lease Deed with the petitioner dated 15th December, 2019 in respect of area admeasuring approx. 25000 sq. feet on ground floor and approx. 25000 sq. feet on the first floor, including the mezzanine floor, sides, washroom and rooms at the back, Genset, panel and the sundry asset area, etc. at monthly rent of Rs. 8,00,000 exclusive of all other charges. As per clause Clause 15 of the Lease Deed the respondent was obligated to pay monthly rent. In case of default, respondent is obligated to pay rent for two months, otherwise a legal action can be taken.

5. It is submitted by learned counsel for the petitioner that the respondent No. 1 was liable to pay an amount of Rs 71,54,865/- from 1st January 2022 to 30th April 2023 along with GST @ 18%. The arrears of the rent are mentioned as below:

6. It is submitted that the petitioner has terminated the Lease Deed vide legal notice dated 4th May 2022 and claimed an outstanding amount of Rs 29, 49,350/-. The petitioner sent notice under Section 21 of the Act, 1996 on 24th May 2022, to the respondent for invoking arbitration under clause 25 of the Lease Deed dated 15th December 2019 and sought appointment of an arbitrator. The Arbitration Clause, as contained in the said lease deed is as under:

"Clause-25

That if any dispute may arise in regard to interpretation and/or implementation of terms and conditions of this deed the same shall be the same shall be referred to the Arbitrator & conciliation Act, 1996, whose decision shall be final and binding on both the parties and/ or the same may be defended subject to Delhi Court Jurisdiction only "

7. The petitioner had filed a petition before this Court under Section 11(6) of the Act, 1996 vide Arbitration Petition No. 997/2022. This Court had appointed an Arbitrator vide order dated 23rd February, 2023.

8. Learned counsel appearing on behalf of petitioner submitted that the petitioner reserves her right to file claim for damages before the learned Arbitral Tribunal. It is submitted that despite the appointment of Arbitrator under Section 11(6) of the Act, 1996 by this Court, the present petit