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DELHI HIGH COURT
SURESH KUMAR KAIT
Sandeep Khanna – Appellant
Versus
Karvy Stock Broking Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for arbitration under the arbitration act (Para 1 , 7) |
| 2. breach of lease agreement by non-payment of rent (Para 2 , 3 , 4 , 5 , 6) |
| 3. service of notice and absence of respondent (Para 8 , 9 , 10) |
| 4. appointment and compliance of arbitrator (Para 11 , 12 , 13 , 14 , 15) |
1. The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent.
2. As per the averments made by petitioners, they are the owners of the premises being an immoveable property, holding undivided share, admeasuring 5,980 sq. ft. situated at Upper Ground Floor, Himalaya House, 23, Kasturba Gandhi Marg, New Delhi-110001. Vide a registered Lease Deed dated 12.07.2017, petitioners had let out the premises to the respondent for a period of 9 years from 15.11.2016 which would expire on 14.11.2025. According to the said deed, respondent was to pay to the petitioners a lease rental of .130/- per sq. ft. per month for the premises in question in advance on or before the 10th day of English calendar month, subject to the deduction of income tax at source in propo
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.
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 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....
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.
Court has the authority to appoint a sole Arbitrator under Section 11 of the Arbitration and Conciliation Act when parties fail to fulfill contractual obligations.
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....
Disputes arising from lease agreements are arbitrable, and consent for appointment of an arbitrator by the court can be given when one party fails to designate an arbitrator as per the lease agreemen....
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