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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Segrow Bio Technics India Private Limited – Appellant
Versus
Affordable Infrastructure and Housing Projects Private Limited – Respondent
| Table of Content |
|---|
| 1. lease agreements and rent liabilities. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. defenses and arguments surrounding rent payments. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. disputes on rent payments and force majeure. (Para 21 , 22 , 24 , 26) |
| 4. (Para 23 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. appointment of an arbitrator for dispute resolution. (Para 34 , 35 , 36 , 37) |
JUDGMENT
1. A petition under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed by the petitioner seeking interim measures for directing the respondent to secure the outstanding rents.
2. The facts in brief are that the petitioner is the owner of the building bearing Industrial Plot No.445, Phase-V, Udyog Vihar, Gurugram, Haryana and has leased out ground to fourth floor vide Lease Deed dated 28th September, 2017 and the liability to pay rent was to commence from 15th November, 2017. There was a lock-in period of three years. Subsequently Addendum Lease Deed was executed on 07th December, 2017 under which, the rent commencement date was extended till 10th January, 2018. Simultaneously, the possession of the Lease Deed was handed over to t
The ruling establishes that COVID-19 lockdown constituted a Force Majeure event, justifying non-payment of rent and validating lease termination under specified contractual terms.
The determination of the Lease Agreement's nature and the establishment of a prima facie case for restraining the respondent from acting on the Termination Notice were central legal points in the jud....
The court held that the COVID-19 pandemic constituted a force majeure event under the Lease Deed and that the defendants were entitled to the benefit of the force majeure clause insofar as payment of....
Final relief cannot be given by way of interim measure.
Government regulations prohibiting access to leased premises during the COVID-19 pandemic constituted a Force Majeure event, excusing the defendant's performance under the lease agreement.
The liability of the appellant to pay outstanding rent and maintenance charges was not restricted by a previous order, and the application under Section 9 of the Arbitration and Conciliation Act, 199....
The disputes regarding recovery of lease amount were found to be arbitrable and did not fall under the exclusive jurisdiction of the Rent Controller.
The main legal point established in the judgment is the importance of securing the interest of the appellants and the need for proper adjudication of claims and counter-claims before the arbitrator.
The disputes related to premature termination of leases and non-payment of rent were found to be arbitrable, and the claims for recovery of arrears of lease amount did not fall under the Rent Act, 19....
The grant of interim directions resembling the main relief is not permissible in law, and the revival of the lease agreement could not be granted as an interim measure.
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