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JYOTI SINGH
Iapl Group Private Limited – Appellant
Versus
Ajayvision Education Private Limited – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
1. These petitions have been filed by Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') for appointment of a sole Arbitrator for adjudication of the disputes between the parties.
2. Petitioner and Respondent are both Companies incorporated under the Companies Act, 1956. Respondent is engaged inter alia in the business of imparting education to IAS aspirants. Petitioner being the owner of the suit property leased a portion of the property to the Respondent and a Lease Deed was executed on 13.02.2018 subsequently however disputes arose between the parties and Petitioner invoked Clause 18 of the Lease Deed whereby the Dispute Resolution Mechanism envisaged by the parties was arbitration and sent a notice to the Respondent suggesting the names of proposed Arbitrators. Respondent, however, failed to nominate an Arbitrator and/or agree with any of the names proposed by the Petitioner and in these circumstances, the present petitions were filed.
3. Mr. Chandra Shekhar Yadav, learned counsel appearing on behalf of Respondent, on instructions, submits that Respondent has no objection to appoin
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 presence of Arbitration Clauses in the agreements allowed for the appointment of a Sole Arbitrator to resolve disputes between the parties.
The court upheld the arbitration agreement and appointed a sole arbitrator under the Arbitration and Conciliation Act, 1996.
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....
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