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2019 Supreme(P&H) 1199

SUDIP AHLUWALIA
International Coil Ltd. – Appellant
Versus
DLF Cyber City Developers Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Mukesh Rao, Advocate.
For the Respondent:Mr. R.S. Rai, Senior Advocate with Mr. Harsh Bunger, Advocate.

JUDGMENT :

Sudip Ahluwalia, J.

This Revision Petition has been preferred against the impugned order dated 15.11.2018 passed by Shri Manish Makhija, Arbitrator on an Application filed on behalf of the present Petitioner, who is Respondent in the Arbitration Proceedings, in which, it had sought for rejection of the Claim made by it in Arbitration.

2. In the concerned Application (Annexure P-10), the Petitioner had challenged the maintainability of the Arbitration Proceedings as also jurisdiction of the Arbitrator to entertain the same. In substance, it was contended on behalf of the Petitioner that it is a Statutory Tenant under the Respondent in terms of Registered Lease Deed entered into between the parties on 31.5.2016. As such according to the Petitioner, the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 were applicable to the premises taken on Lease by it, and in view of existence of such Special Legislation to govern their relationship, the matter could not be referred to arbitration. In addition, it was also contended on behalf of Petitioner that the relevant Clause 10 of the Lease Deed had been cleverly inserted to enable the Respondent for unilaterally ap

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