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2024 Supreme(Gau) 216

MICHAEL ZOTHANKHUMA
Suruj Zamal, S/o. Late Hussain Ali – Appellant
Versus
GTL Infrastructure Ltd (GIL) – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Rahman.
For the Respondents: Mr. R. Sarmah.

JUDGMENT :

1. Heard Mr. K. Rahman, learned counsel for the petitioner and Mr. R. Sarmah, learned counsel for the respondent.

2. The petitioner has submitted this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) for appointment of an Arbitrator. The dispute between the parties relates to non-payment of rent. In this regard the petitioner’s counsel has referred to Clause 22 of the Lease Deed dated 09.07.2014, which lays down a mechanism for adjudication of disputes by way of Arbitration. Clause 22 of the Lease Deed is as follows-

    “22. Any dispute or claim between the parties hereto arising out of or relating to this agreement, or its implementation and/or its effect, or the breach, termination, due to efflux of time or otherwise, or invalidity thereto, either during its subsistence or after its termination, shall be referred to the arbitration of a sole arbitrator in accordance with the provisions of Arbitration and Reconciliation Act, 1996. The Arbitration shall be held at Mumbai.”

3. The petitioner’s counsel submits that the petitioner had executed a Lease Deed with the Aircel Companies respondent for installation

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