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GURVINDER SINGH GILL
Mala Kshetrapal Through Attorney Kanwal Preet Singh Bindra – Appellant
Versus
Gunveen Singh – Respondent
GURVINDER SINGH GILL, J.
CM-13054-CII-2023
The application was filed seeking preponement of the main case. However, the said application has already lost its currency and as such, has been rendered redundant and is disposed of as such.
CM-3088-CII-2023
Learned counsel submits that the instant application seeking service of the respondent by substituted process was filed in January, 2023, but since the respondent has been served as of now, he does not press the instant application.
In view of the above, the instant application is disposed of being not pressed.
1. The instant petition has been filed by the petitioner under Section 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator so as to adjudicate on the dispute between the parties.
2. Notice of the petition had been issued to the respondent. Despite notices having been issued on several occasions the respondent could not be served. However, as per the office report dated 11.9.2023 dasti summons have now been received back served upon the respondent through Sonika who is stated to be a member of family of the respondent.
3. Learned counsel has further submitted that as a matter of fact the petitioner had
Landlord/tenant disputes are arbitrable as per the Transfer of Property Act and can be resolved through arbitration, as established in the judgment of Vidya Drolia and others Vs. Durga Trading Corpor....
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.
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996, in cases where one part....
The specific provision for resolution of disputes by arbitration in an agreement can lead to the appointment of an arbitrator if the respondent fails to contest the petition.
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.
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 has the authority to appoint a substituted sole arbitrator, and the appointed arbitrator must ensure compliance with the provisions of the Arbitration and Conciliation Act, 1996.
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