% 05.04.2024 I.A. 18936/2023 (exemption)

1. Exemption is allowed subject to all just exceptions 2. Application stands disposed of. ARB.P. 1009/2023

3. By way of the present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the petitioner seeks appointment of an Arbitral Tribunal comprising of a sole arbitrator, to adjudicate the disputes inter se the parties.

4. Learned Counsel for the petitioner submits that the petitioner’s predecessor-in-interest was allotted a commercial property vide the allotment letter dated 17.02.2011 by the respondent. It has further been submitted that vide an addendum dated 17.02.2011, it was agreed that the respondent would pay the petitioner’s predecessor-in-interest commitment charge of Rs.61,783 (minus TDS) every month during the commitment period and a lease deed dated 17.02.2011 containing an arbitration clause was duly executed between the parties.

5. Learned counsel has further submitted that it was further been agreed between the parties that the petitioner’s predecessor-in-interest would lease the subject property for 11 years from the end of the commitment c