Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL, J.
M/s Sorting Hat Solutions Pvt. Ltd. – Appellant
Versus
Sham Lal Gupta and Another – Respondents
Arbitration Petition No. 48 of 2025
Decided On : 06-03-2026
ORDER :
1. Heard learned counsel for the parties.
2. This petition has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act for appointment of the Arbitrator on the ground that dispute has arisen between the parties on account of termination of the lease of the petitioner by the respondents.
3. The petitioner claims to have served notice dated 22.03.2025 upon the respondents in terms of Section 21 of the Arbitration and Conciliation Act, 1996 for invoking arbitration clause bearing No. 23 contained in lease deed dated 02.02.2023. Though the respondents have not chosen to respond to this petition, however, learned counsel for the respondents, Mr. Ankesh Chandel has admitted the execution of the lease deed and also the arbitration clause contained in the aforesaid lease deed. He further submits that the notice dated 22.03.2025 served upon the respondents was duly replied by them.
4. In view of the above and considering that the existence of the arbitration agreement between the parties is not in dispute and that a dispute regarding termination of the lease has arisen, the present petition is disposed of by appointing Mr. Deepak Sethi, Retired District and Sessions Judge, as the Sole Arbitrator to adjudicate the disputes between the parties. The learned Arbitrator shall enter upon the reference and proceed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The learned Arbitrator shall afford an opportunity of hearing to both parties and render the arbitral award within the time frame prescribed under the Act. The fee of the learned Arbitrator shall be in accordance with the prescribed schedule and shall be shared equally by the parties.
5. The Registry is directed to communicate a copy of this order to the above-named Arbitrator forthwith for information and necessary action.
6. The petition stands disposed of accordingly.
Where a party defaults on contractual obligations and fails to contest a petition for arbitration, the court may appoint a sole arbitrator to adjudicate the dispute.
Appointment of a sole arbitrator to adjudicate disputes in accordance with the Arbitration and Conciliation Act, 1996.
The court appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, reaffirming that disputes regarding lease agreements and arbitration initiation can be resolved th....
The court found that appointment of a Sole Arbitrator was warranted due to respondents' absence and invoked provisions of the Arbitration and Conciliation Act.
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
The court upholds the arbitration clause in the agreement and appoints a sole arbitrator to resolve disputes.
The court must appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when there is mutual consent and an existing arbitration agreement.
The court may appoint an arbitrator even when one party fails to attempt amicable resolution, as specified in the arbitration clause.
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
