Back
JYOTI SINGH
Gdn Enterprises Private Limited – Appellant
Versus
Iluminar Merchandising Private Limited – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present petition has been filed by the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') seeking appointment of an Arbitrator to adjudicate the disputes between the parties.
2. The disputes between the parties to the lis arise out of a sub-Lease Agreement dated 01.05.2019 read with Equipment Lease Deed dated 01.05.2019 whereby Respondent had agreed to take on lease the industrial property No. H-10, Sector-63, Noida, Uttar Pradesh, for a period of five years with effect from 01.05.2019 including the lease of technical equipments. The lock-in period of the sub-Lease Agreement expired on 30.04.2022 and notice of termination was issued by the Petitioner on 31.01.2022 to the Respondent.
3. On disputes having arisen, Petitioner invoked the Arbitration Agreement vide notice dated 31.01.2023 and called upon the Respondent to amicably resolve the disputes and differences, failing which an Arbitrator will be appointed by the Petitioner. Getting no favourable response, Petitioner filed the present petition. The Agreements between the parties contain an Arbitration Clause being Clause 8(f)
The presence of Arbitration Clauses in the agreements allowed for the appointment of a Sole Arbitrator to resolve disputes between the parties.
The court's decision was guided by the existence of the arbitration agreement and the consent of the parties, as well as the provisions of the Arbitration and Conciliation Act, 1996.
The court has the authority to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and the appointed arbitrator must adhere to the provisions of the Act in resolv....
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
The court must appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when there is mutual consent and an existing arbitration agreement.
The court's decision was based on the specific provisions of the lease agreement and the Arbitration and Conciliation Act, 1996, emphasizing the importance of compliance with the arbitration process.
The court affirmed the arbitrability of disputes arising from a commercial lease agreement, allowing for the appointment of an independent arbitrator to facilitate resolution.
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....
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
