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DELHI HIGH COURT
SURESH KUMAR KAIT
Greesh Kumar Bansal – Appellant
Versus
Asian Hotels (North) Limited – Respondent
| Table of Content |
|---|
| 1. petition under arbitration act for lease disputes (Para 1 , 2 , 3 , 4) |
| 2. disputed claims and arbitration appointment suggestion (Para 5 , 6) |
| 3. appointment of arbitrator and fee governance (Para 7 , 8 , 9) |
| 4. disposal of the petition (Para 10) |
1. The present petition has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for adjudication of disputes with respondent arising out of Lease Agreement dated 13.02.2020.
2. Petitioners, who are husband and wife, claim to have entered into a Lease Agreement in respect of Service Apartment No. 2002, Second Floor, Block-A, New Tower Block, Hotel Hyatt Regency, New Delhi on a rental for Rs.4,91,000/- p.m. with applicable taxes, for a period of seven years.
3. Petitioners have claimed that in terms of Clause 12.2 of the Lease Agreement stipulates that the agreement cannot be terminated during subsistence of lock-in period i.e. for seven years and thereafter too, upon furnishing of a six months advance to the lessor. Clause-15.2 of the Lease Agreement contains the force majeure clause and Clause-15.4 contains the Dispute Resolution
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.
The court held that disputes arising from a lease agreement, including claims related to force majeure, should be resolved through arbitration when both parties consent to 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 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 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.
Landlord-tenant disputes are arbitrable, and the appointment of an arbitrator cannot be done unilaterally by one party.
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 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....
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