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DELHI HIGH COURT
SURESH KUMAR KAIT
Kushalpolysacks Private Limited – Appellant
Versus
My Preferred Transformation Hospitality Private Limited – Respondent
| Table of Content |
|---|
| 1. dispute initiation and lease agreement background (Para 1 , 2 , 3 , 4 , 5) |
| 2. consent to arbitration (Para 6) |
| 3. appointment of arbitrator (Para 7 , 8 , 9) |
| 4. disposal of petition and notification (Para 10 , 11) |
1. Present petition has been filed under Sections 11(5) & (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of arbitrator to adjudicate the disputes between the parties.
2. Pertinently, petitioner is an absolute owner of the land, comprising of ground floor plus four storied building constructed thereon, located at Mouza-Raigachi, J.L. No.12, P.S. Rajarhat, Kolkata-700135.
3. According to the petitioner, respondent approached the petitioner for allowing them to use the property mentioned above to run a hotel under the brand name of "OYO HOTELS" or "OYO TOWNHOUSE". A meeting was held between the parties wherein respondent proposed that the petitioner would be required to pay to respondent Rs.38,50,000/- on account of fittings fixtures, decorative items as per standard of OYO apart from payment of Rs.8,50,000/- towards design consultancy. Upon such payment, respondent would enter into a lease agreement and shall pay a s
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....
The court's decision emphasizes the importance of arbitration in resolving disputes and upholding the terms of the arbitration agreement.
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....
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
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.
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 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,....
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 main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996, in cases where one part....
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