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DELHI HIGH COURT
SURESH KUMAR KAIT
Jaycee Housing Pvt. Ltd. – Appellant
Versus
Cure Foods Private Limited – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment of a sole arbitrator. (Para 1 , 2 , 3 , 4 , 5) |
| 2. counsels present arguments regarding claims and disputes. (Para 6 , 7) |
| 3. court allows petition and appoints arbitrator. (Para 8 , 9 , 10 , 11) |
JUDGMENT
Suresh Kumar Kait, J. (Oral)
The hearing has been conducted through video conferencing.
1. The present petition has been filed by petitioner seeking appointment of a Sole Arbitrator under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996, in terms mentioned in lease deed dated 19.02.2019, executed between the parties.
2. The dispute inter se parties pertains to Building No. 10, Ground Floor, Local Shopping Centre, Madangir, Delhi - 110062, measuring 1974 sq. ft. super built up area and 1230 sq. ft. carpet area owned by the petitioner, which was leased out to respondent, who is engaged in the business of fitness, health care, fitness sports training, cafi/food retailing, yoga and meditation centres, vide registered lease deed dated 19.02.2019, for a period of 09 years with effect from 01.02.2019. In terms of the aforesaid lease deed, neither petitioner/lessor nor respondent/lessee had a right to terminate the l
The court affirmed the validity of invoking arbitration under the lease agreement, emphasizing the necessity for resolution of disputes through arbitration as per agreed terms.
The main legal point established is the court's authority to appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve disputes related to lease agreements.
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 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 court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator and ensure compliance before commencing the arbitration.
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....
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....
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.
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