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DELHI HIGH COURT
C.HARI SHANKAR
Manju Goel – Appellant
Versus
Aasha Hostels Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. existence of a lease and dispute over rent payments. (Para 1 , 2 , 3 , 4) |
| 2. claim for outstanding rent by petitioner. (Para 5) |
| 3. inclusion and content of arbitration clause. (Para 6) |
| 4. determination of arbitrability of the dispute. (Para 7) |
| 5. financial circumstances of respondent irrelevant to arbitration. (Para 8) |
| 6. referral of disputes to arbitration decided. (Para 9) |
| 7. final order disposal of petition. (Para 10) |
ARB.P. 512/2021
1. This is a petition under Section 11 (6) of the Arbitration & Conciliation Act, 1996 ("the 1996 Act"), seeking reference of the disputes between the parties to arbitration.
2. The dispute arises out of a lease agreement dated 15th May, 2019, between the petitioner and the respondent. The petitioner alleges that there has been continuous default in payment of rent by the respondent, after March, 2020.
3. Ultimately, on 20th February, 2021, the petitioner issued a notice to the respondent, directing the respondent to vacate the premises. The respondent, in its reply dated 4th March, 2021, claimed waiver of rent on the ground of force majeure, owing to the intervention of the COVID-2019 pandemic.
4. The petitioner d
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