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DELHI HIGH COURT
C.HARI SHANKAR
Usha Wadhwa – Appellant
Versus
Pushpa Sharma, Sole Proprietor, Pet Store – Respondent
| Table of Content |
|---|
| 1. grounds for arbitration under the 1996 act (Para 1 , 2) |
| 2. respondent's challenges to petitioner's claims (Para 3) |
| 3. court's appointment of arbitrator (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. petition disposition (Para 11) |
(Video-Conferencing)
1. This is a petition under section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), seeking reference of the dispute between the parties to arbitration.
2. The facts of the case, as set out in the petition, which disclose the existence of arbitrable dispute, may be enumerated thus:
(i) The petitioner owns the premises at E-8,East of Kailash New Delhi 110065. Lease, in respect thereof, was granted to the defendant, who is the sole proprietor of an establishment, named The Pet Store - with a registered lease deed dated 27th June, 2018.
(ii) The lease covered the basement and part of the ground floor of the aforesaid property (hereinafter referred to as "the property"). The respondent was required to pay rent @. 8,50,000/- plus GST per month which could be increased by 10% every three years. The tenancy was over a period of fifteen years with the initial seven years s
Court emphasized that a party's failure to respond to notices regarding breach of contract leads to the appointment of an arbitrator to resolve disputes, as stipulated by the Arbitration and Concilia....
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
The court held that arbitration must be initiated if disputes remain unresolved, particularly when both parties accept the need for arbitration, affirming the provisions of the Arbitration and Concil....
The court's decision emphasizes the importance of arbitration in resolving disputes and upholding the terms of the arbitration agreement.
Where a party defaults on contractual obligations and fails to contest a petition for arbitration, the court may appoint a sole arbitrator to adjudicate the dispute.
Disputes arising from lease agreements are arbitrable, and consent for appointment of an arbitrator by the court can be given when one party fails to designate an arbitrator as per the lease agreemen....
The court determined that disputes arising from multiple agreements related to a lease are arbitrable, appointing an arbitrator to resolve questions of applicability and obligations under the agreeme....
Disputes regarding recovery of lease amounts under an Arbitration Clause are arbitrable and do not fall under the jurisdiction of the Rent Controller.
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