2008 Supreme(Raj) 2384
SHIV KUMAR SHARMA
Big Shoppers Supermarket Pvt. Ltd. – Appellant
Versus
K. M. Trading and Agencies Pvt. Ltd. – Respondent
Advocates:
For the Applicant:Mahendra Singh, Advocate.
For the Respondent:A.K. Bhandari, Sr. Advocate, Anant Bhandari, Advocate.
JUDGMENT
1. - In this application under section 11 of Arbitration and Conciliation Act,1996 (for short 1996 Act') the applicant seeks to appoint sole arbitrator.
2. The applicant, a registered company, engaged in business of operating Departmental/ Supermarket stores. The respondent company owned a complex in the name of Central Point having basement, ground floor and four floors thereon at Plot No.A-34, Prabhu Marg, Tilak Nagar Jaipur. A lease deed was executed between applicant and respondent company on November 3, 2001 regarding built up area 9565.61 sq.ft. in ground floor along with 10 Air conditioned units and one DG set installed in the said premises. Due to business exigencies the applicant expressed its desire to surrender lease in respect of premises situated at first floor and to retain lease of premises at Ground floor and to revise lease rent w.e.f. October 1, 2002, the respondent lessor agreed and executed fresh lease deed on October 1, 2002. Big Shoppers Pvt.Ltd. Vide agreement dated July 5, 2005 transferred to Big Shoppers supermarket Pvt.Ltd. as growing concern all its business along with all rights available to it. Thus Big Shoppers Supermarket Pvt.Ltd. stepped in t
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