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2009 Supreme(P&H) 780

JAGDISH SINGH KHEHAR
Harpreet Singh – Appellant
Versus
M/s International Cars And Motors Ltd. – Respondent


Judgment

J.S.Khehar, J.

1. Through the instant arbitration case the petitioner seeks the appointment of an arbitrator in furtherance of clause (M) of the lease deed dated 12.1.2007. Clause (M) of the lease deed is being extracted hereunder :-

"In case of any dispute, both the parties shall resolve the same through arbitration as per the Arbitration & Conciliation Act, 1996. The place of arbitration shall be at Ludhiana & the language of the Award shall be in English."

It is also not necessary to narrate the sequence of facts leading upto the filing of this petition. After the registration of the lease deed dated 12.1.2007, the tenancy was to commence on 15.1.2007. In furtherance of the execution of the aforesaid lease deed under reference the respondents paid an advance of Rs. 10,000/-. The aforesaid lease was executed for a period of three years, commencing from 15.1.2007, and expiring on 14.1.2010. As per the lease deed, a sum of Rs. 2,40,000/- was payable as rent annually by the respondents to the petitioner. The pleadings of this case reveal that the registration costs (for executing the lease deed) were also incurred by the respondent.

2. A dispute is stated to have arisen betw










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