Judgment

Mr. Sudhir Mittal, J.:- This appeal has been filed against order dated 08.10.2020 passed by the learned Additional District Judge, Gurugram in a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’). The appellant is the Maintenance Agency (hereinafter referred to as ‘MA’). Respondent No.1 is the sub-lessee under sub-lease dated 06.02.2018 (hereinafter referred to as ‘the sub-lessee’) and respondent No.2 is the sub-lessor under said sublease deed (hereinafter referred to as ‘the sub-lessor’). The sub-lease dated 06.02.2018 is in respect of area measuring 7045 square feet on the fourth floor of a building known as AIHP Horizon and was let out for the purpose of office use of IT/ITES.

2. The aforementioned sub-lease deed is an unregistered document. Lock in period of three years has been provided in terms thereof. Interest free refundable deposit payable thereunder was Rs. 20,00,780/- i.e. four months rent in terms of Clause 5.1. The sub-lessee was bound to execute a separate maintenance agreement with the appointed maintenance agency on the terms and conditions stipulated by the said maintenance agency. Thus, m