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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Kush Raj Bhatia – Appellant
Versus
DLF Power and Services Limited – Respondent


Judgement Key Points

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JUDGMENT

Neena Bansal Krishna, J. The petitioner has filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `A&C Act, 1996'), seeking appointment of an independent and impartial arbitrator for adjudication of disputes having arisen between the parties.

2. Facts in brief are that the petitioner is an absolute owner of the Retail/Commercial Space bearing No. MS0312 having an approximate super area of 322.37 sq. mts. which includes approximately 216.010 sq. mts. of specific area on the 3rd Floor in the Commercial Building known as DLF Mega Mall, DLF City, Phase-I, Gurgaon, Haryana (hereinafter referred to as "subject property"). The said property was purchased by the petitioner from M/s DLF Utilities Limited, the predecessor of the respondent, vide Registered Conveyance Deed with Sub-Registrar, Gurgaon as Document No. 7847 dated 13th July, 2005.

3. The petitioner vide Registered Lease Deed dated 16th May, 2011 gave the subject property to the respondent w.e.f. 01st March, 2011 to 30th June, 2022 with the lock in period expiring on 30th June, 2022.

4. It is submitted that in terms of Clause 3 of the Lease Deed dated 16th May, 2

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