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2021 Supreme(P&H) 1741

SUDHIR MITTAL
Innovative Facility Solutions Pvt. Ltd. – Appellant
Versus
AEC Digitial Studio Private Limited – Respondent


Advocates appeared:
For the Parties : Mr. Himesh Thakur, Mr. Akhil Sachar, Mr. Nakul Gandhi, Mr. Rubina Virmani, Mr. Karan Valecha

Table of Content
1. dispute arising from lease agreement due to covid-19. (Para 1 , 2 , 3)
2. arguments regarding the validity of agreements and arbitration intentions. (Para 4 , 5 , 6)
3. court's analysis of the intention to arbitrate. (Para 7 , 10 , 11)
4. legal precedents on arbitration and interim measures. (Para 8 , 9)
5. order set aside; sub-lessee's option for interim relief. (Para 12 , 13)

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

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