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2022 Supreme(All) 1192

MANOJ KUMAR GUPTA, JAYANT BANERJI
L. R. Print Solutions – Appellant
Versus
Exflo Sanitation Pvt Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Kumar Singh, Ishwar Kumar Upadhyay
For the Respondent: Ishir Sripat

JUDGMENT :

Manoj Kumar Gupta, J.

1. The instant appeal is directed against the order dated 30.06.2022 passed by the Presiding Officer, Commercial Court, Gautam Budh Nagar rejecting the objection of the appellant filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Objection Case No.150 of 2017).

2. The facts in brief are as follows:-

    (a) The appellant is a proprietorship concern. It entered into an agreement of tenancy for a period of 11 months dated 11.06.2008 with the respondent (M/s Exflo Sanitation Pvt Ltd.) in respect of an industrial property No.C-156, Sector 10, Noida. The tenancy was for a period of 11 months starting from 1.07.2008 at the rate of Rs.8000/-per month. Under Clause 4 of the lease deed, it was provided that the lease rent will be enhanced by 10% after expiry of 11 months. Clause 7 gave option to both lessee and lessor to terminate the lease after giving one month notice. Under Clause 14, in the event of any dispute or difference arising out of lease agreement, the same would be referred to an arbitrator appointed by the lessor. The decision of the arbitrator was made binding on both the parties.

(b) The respondent by notice dated 13.09.

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