Back
DELHI HIGH COURT
CHANDRA DHARI SINGH
Deepak Rana – Appellant
Versus
Jagat Ganga Charitable Trust (Regd.) – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The present petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed by the petitioner seeking appointment of a Sole Arbitrator to adjudicate upon the disputes between the parties.
2. The petitioner is running a business by the name of Shri Ram Medicos at Delhi and the respondent no. 1 is a trust running a hospital namely, Jagat Ganga Multi Speciality Hospital. The petitioner, upon suggestions of the respondents, agreed to execute a Lease Deed, dated 9th March 2017, to start a pharmacy outlet in the Hospital of the respondent no. 1. However, even after a substantial period, the respondents did not commence the construction of the pharmacy as per the agreement between the parties despite submission of the requisite amount.
3. The petitioner being aggrieved of the conduct of the respondents, sent several reminders and having received no sufficient response, ultimately, issued the notice dated 11th September 2018, invoking Clause 6.4 of the Deed, thereby terminating the Lease Deed. The petitioner also demanded the refundable security amount deposited by him to the tune of Rs. 2
The court emphasized the need for adherence to arbitration clauses in agreements and proceeded to appoint a Sole Arbitrator for the resolution of disputes stemming from a Lease Deed.
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....
The court's decision emphasized the arbitrability of the disputes and the appointment of a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
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 mandated arbitration for disputes arising from a lease agreement per the arbitration clause, reinforcing the resolution of contract disputes through agreed methods.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
