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DELHI HIGH COURT
SURESH KUMAR KAIT
Girdhar Impex Limited – Appellant
Versus
A and A Automobiles Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks arbitration due to lease issues. (Para 1 , 2 , 3 , 4) |
| 2. agreement for appointing a substitute arbitrator. (Para 5) |
| 3. appointment and fee regulations for the arbitrator. (Para 6 , 7 , 8) |
| 4. order conclusion and communication instructions. (Para 9 , 10) |
1. For adjudication of disputes with respondent, petitioner has filed the present petition under the provisions of Section 15 of the Arbitration and Conciliation Act, 1996 seeking substitution of appointed sole Arbitrator.
2. Petitioner is the owner of the property bearing plot no. E-7, Sector 63, Noida, Phase-HI, District Gautam Buddha Nagar, U.P., admeasuring 1950 sq.mtrs. (demised premises) which was let out on rent to the respondent under a duly registered Lease Deed dated 15.11.2019. The said Lease Deed has been terminated on account of the breaches committed by the respondent.
3. Petitioner being deprived of his right to physical possession of the demised premises and also the arrears of rent, approached this Court under Section 9 of the Arbitration and Conciliation Act, 1996 in O.M.P. (I) (Comm.) No.1 of 2021 and this Court disposed off the said petition and granted interi
The court's appointment of a new sole Arbitrator is valid when the original Arbitrator recuses, ensuring the continued adjudication of disputes under the Arbitration and Conciliation Act.
The court has the authority to appoint a substituted sole arbitrator, and the appointed arbitrator must ensure compliance with the provisions of the Arbitration and Conciliation Act, 1996.
The main legal point established is the court's authority to appoint a substituted Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996 following the demise of the previous A....
A substituted arbitrator can be appointed under the Arbitration and Conciliation Act, 1996, following the demise of the previous arbitrator without objection from the parties involved.
The court affirmed the arbitrability of disputes arising from a commercial lease agreement, allowing for the appointment of an independent arbitrator to facilitate resolution.
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
Point of law: Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
The court has the authority to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and the appointed arbitrator must adhere to the provisions of the Act in resolv....
Court appointed a new Sole Arbitrator under the Arbitration and Conciliation Act due to the previous Arbitrator's demise, allowing all parties to raise issues before the new Arbitrator.
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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