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RAJ MOHAN SINGH
Sandhu Poultry Research Breeding Farm – Appellant
Versus
Amrit Hatcheries Private Ltd. – Respondent
JUDGMENT
Raj Mohan Singh, J. (Oral) - The petitioner has preferred this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to resolve the dispute between the parties arising out of lease agreement dated 30.09.2014.
2. Learned counsel for the petitioners submits that the petitioner No.1 is a partnership firm carrying on the business of hatchery, poultry and trading of cattle feed etc. The respondent No.1 is a company registered under the Companies Act, 1956 and is also engaged in the business of hatchery and poultry. The respondent No.2 is a bank from where petitioner No.1 has availed loan. All the assets of the petitioner No.1 in the premises are mortgaged in favour of the respondent No.2 by way of hypothecation. The infrastructure belonging to the petitioners was leased out in favour of the respondent No.1 for a period of seven years w.e.f. 20.10.2014. The date of expiry of the lease was 19.10.2021. During the initial period of five years from the date of agreement, there was a 'lock in period', whereby the first party was not entitled to terminate the lease agreement. The respondent No.1 did not adhere to the conditions of th
The court upheld its jurisdiction to appoint an arbitrator in landlord-tenant disputes based on an arbitration clause, affirming party autonomy in jurisdictional matters despite objections.
The disputes related to premature termination of leases and non-payment of rent were found to be arbitrable, and the claims for recovery of arrears of lease amount did not fall under the Rent Act, 19....
The disputes regarding recovery of lease amount were found to be arbitrable and did not fall under the exclusive jurisdiction of the Rent Controller.
The central legal point established is the arbitrability of the dispute as per the terms of the Lease Deed and the court's authority to appoint an arbitrator under Section 11(6)(a) of the Arbitration....
The central legal point established in the judgment is the appointment of a Sole Arbitrator in accordance with the arbitration clause, the objection to unilateral appointment, and the agreement betwe....
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