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DELHI HIGH COURT
SURESH KUMAR KAIT
Vidya Rani Garg – Appellant
Versus
Feetoes – Respondent
| Table of Content |
|---|
| 1. seeking appointment of sole arbitrator. (Para 1) |
| 2. details of the lease agreement and disputes. (Para 2 , 3 , 4) |
| 3. agreement to appoint arbitrator is not disputed. (Para 5) |
| 4. appointment of arbitrator and compliance requirements. (Para 6 , 7 , 8) |
| 5. disposal of the petition and order details. (Para 9 , 10) |
1. The present petition has been under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent.
2. The dispute in question pertains to Shop no. M-24, Ground Floor admeasuring approx. 425 square feet situated at M-Block, Market, Greater Kailash-1, New Delhi. Petitioner herein claims to be absolute owner thereof by virtue of registered sale deed dated 02.09.1999. According to petitioner, the said shop was let out to respondent, a proprietorship firm, for a period of six years commencing from 01.12.2019 to 30.11.2025, on a monthly rent of INR 3,70,000/- and as per the lease agreement, the rent was payable in advance on or before the 5th day of each English Calendar month, failing which penalty of Rs.5,000/- per day for the delayed period was to be paid to the p
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....
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 court appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, reaffirming that disputes regarding lease agreements and arbitration initiation can be resolved th....
The court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator and ensure compliance before commencing 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 affirmed the validity of invoking arbitration under the lease agreement, emphasizing the necessity for resolution of disputes through arbitration as per agreed terms.
The court determined that the landlord-tenant dispute constitutes an arbitrable issue and appointed an arbitrator due to the parties' failure to agree on one.
The importance of consent of both parties in appointing an arbitrator and the interpretation of Section 10 of the Arbitration and Conciliation Act, 1996.
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