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DELHI HIGH COURT
SURESH KUMAR KAIT
KP Cars Intl Private Limited – Appellant
Versus
Amish Gupta – Respondent
| Table of Content |
|---|
| 1. dispute resolution through arbitration. (Para 1 , 2 , 3) |
| 2. appointment of arbitrators proposed. (Para 4 , 5 , 6) |
| 3. appointment of umpire arbitrator. (Para 7) |
| 4. fee and compliance guidelines for arbitrators. (Para 8 , 9) |
| 5. final order disposal and notification. (Para 10 , 11) |
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Umpire (Arbitrator) as per clause 19 of lease agreement dated 18.12.2017. Pertinently, petitioner is a company under the provisions of the Companies Act, 1956 and was willing to start a business of Automobiles and was in dire need of commercial accommodation for running and opening of the showroom and authorized service center for imported luxurious Cars having value of more than crores.
2. According to the petitioner, a lease deed was executed between the petitioner and the respondents through a mediator in Respect of the Khasra No.390/2/2, NH-8, Delhi-Gurugram Road, Rangpuri, Near Shiv Murti, New Delhi-110037, measuring area of about 11,000 Sq. ft. on Ground & First Floor. The petitioner through mediator had approached for taking the abovesaid premi
The court emphasized the authority under Section 11 of the Arbitration Act to appoint an umpire arbitrator and affirmed that the disputes regarding the lease agreement are arbitrable.
The court's decision was based on the specific provisions of the lease agreement and the Arbitration and Conciliation Act, 1996, emphasizing the importance of compliance with the arbitration process.
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....
The court must appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when there is mutual consent and an existing arbitration agreement.
The court's decision was guided by the existence of the arbitration agreement and the consent of the parties, as well as the provisions of the Arbitration and Conciliation Act, 1996.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
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