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2018 Supreme(P&H) 164

S.J.VAZIFDAR
Shalimar Estates Pvt. Ltd. – Appellant
Versus
Inox Leisure Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prateek Gupta, Advocate
For the Respondent:Mr. Rohit Khanna, Advocate, for the respondent.

JUDGMENT :

S.J. VAZIFDAR, J.

1. This is an application under section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of sole arbitrators in respect of two contracts each of which contains an arbitration clause.

2. The parties entered into a lease deed dated 12.02.2009 under which the petitioner leased the premises in favour of the respondent on the terms and conditions contained therein. Clause 14 thereof reads as under:-

“14. GOVERNING LAW & ARBITRATION

14.1. This Deed shall be governed by and construed in accordance with the laws of India.

14.2.1 Any claim, controversy or dispute arising out of or in connection with this Deed, not settled by mutual agreement of the Parties involved within 30 days after a Party is provided written notice for settlement thereof, shall be referred to arbitration to a sole arbitrator jointly appointed by the Parties under the Indian Arbitration and Conciliation Act of 1996. In Arbitration Case No. 161 of 2016 (O&M) the event the Parties are unable to agree upon a sole arbitrator, the claim, controversy or dispute shall be referred to a panel of three arbitrators, one of whom shall be appointed by the Lessee and the other by the Less






















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