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DELHI HIGH COURT
SURESH KUMAR KAIT
Arkas Biocon Private Limited – Appellant
Versus
Kashinath Agro Industries Private Limited – Respondent
| Table of Content |
|---|
| 1. lease agreement details and disputes (Para 1 , 2 , 3 , 4) |
| 2. claims and legal notice prior to arbitration (Para 5 , 6) |
| 3. disputes to be resolved via arbitration (Para 7 , 8) |
| 4. appointment of the sole arbitrator (Para 9 , 10 , 11) |
| 5. conclusion and order of the court (Para 12 , 13) |
1. For adjudication of disputes with respondent, petitioner has filed the present petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator.
2. Petitioner is a Company incorporated under the Companies Act, 1956, who had entered into a Lease Agreement dated 09.05.2018 with respondent, a private limited company, whereby Plot bearing Khasra No.292, Khata Khatuni No. 00037, Village Itara, Tehsil & District Meerut, Uttar Pradesh, along with manufacturing shed, including plant, machinery and equipment, constructed thereon, was leased to the petitioner for eleven months on a monthly rental of Rs.4,50,000/- with applicable GST.
3. According to petitioner, the said plant was taken on lease from the respondent for the purpose of manufacture of Liquid Glucose, Malto Dextrin Powder and the byproduct being c
The court mandated arbitration for disputes arising from a lease agreement per the arbitration clause, reinforcing the resolution of contract disputes through agreed methods.
Arbitration - Disputes inter se parties have to be resolved in terms of Article 17 of the Lease Agreement which is not disputed.
The central legal point established is that for a petition seeking appointment of an arbitrator under Section 11 (6) to be maintainable, the lease agreement must clearly provide for arbitration to re....
The central legal point established is that for a petition seeking appointment of an arbitrator to be maintainable, the lease agreement must clearly indicate the parties' agreement to resolve dispute....
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 can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
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....
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.
The court emphasized the need for adherence to arbitration clauses in agreements and proceeded to appoint a Sole Arbitrator for the resolution of disputes stemming from a Lease Deed.
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
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