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DELHI HIGH COURT
VIBHU BAKHRU
Upinderjit Khurana – Appellant
Versus
Sumantu Virmani – Respondent
| Table of Content |
|---|
| 1. petition for appointment of sole arbitrator. (Para 1 , 2 , 3 , 4) |
| 2. respondent disputes lease terms but accepts agreement. (Para 5 , 6) |
| 3. challenges to arbitration based on amicable resolution and jurisdiction. (Para 7 , 8 , 9) |
| 4. court defers appointment of arbitrator to encourage resolution. (Para 10 , 11 , 12) |
| 5. next steps regarding arbitrator's consent and hearing. (Para 13 , 14) |
JUDGMENT
[Hearing held through video conferencing]
Vibhu Bakhru, J. (ORAL)--The petitioner has filed the present petition under Section 11 (6) of the Arbitration and Conciliation Act (hereafter the `A&C Act'), inter alia, praying that a Sole Arbitrator be appointed to adjudicate the disputes between the parties arising out of the Agreement/Lease Deed dated 23.11.2016.
2. The parties had entered into Lease Deed dated 23.11.2016. In terms of the said Lease Deed, the petitioner had leased the premises located at Property No.3, New Haridwar Colony, Ranipur More, Haridwar-249407 to the respondent.
3. Concededly, disputes have arisen between the parties in respect of the said Lease Deed. The petitioner had issued a notice dated 22.03.2021, inter alia, calling upon the respondent to hando
The court may appoint an arbitrator even when one party fails to attempt amicable resolution, as specified in the arbitration clause.
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 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....
The court upheld its jurisdiction to appoint an arbitrator in landlord-tenant disputes based on an arbitration clause, affirming party autonomy in jurisdictional matters despite objections.
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
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