$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 321/2026 MR. HARI KRISHAN KAPOOR & ANR. .....Petitioners Through: Ms. Devika Thakur, Adv. (Through VC)

versus M/S PBBRULEE (OPC) PRIVATE LIMITED & ANR.

.....Respondents Through: None.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 18.02.2026

1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), for appointment of a Sole Arbitrator, to adjudicate the disputes between the parties, arising from the Lease Agreement of September, 2021, stated to have been registered on 11^th October, 2021.

2. Learned counsel for the petitioners submits that the petitioners are the absolute and lawful owners of the property bearing No. M-06, First Floor, Greater Kailash Part-II (Market), New Delhi-110048, admeasuring approximately 900 square feet. The parties entered into the aforesaid registered Lease Agreement, whereby, the property in question was leased bythe petitioners in favor of the respondent no. 1, for the purpose of running a salon for a period of nine years. In lieu of this, the respondent no. 1 was obligated to paythe rent amount on a monthlybasis.

3. She further submits that despite the contractual obligation, the respondents have defaulted in making payment of the rent amount as per the Lease Agreement. Aggrieved by the non-payment of the rent amount, the petitioners issued a Legal Notice dated 18^th March, 2025, thereby, terminating the Lease Agreement, seeking vacation of the property in question and demanding payment of the outstanding monthly rent amount. Despite receiving the said Legal Notice on 20^th March, 2025, the respondents failed in making payment of the outstanding rent amount.

4. She submits that the Lease Agreement contains an Arbitration Clause, i.e., Clause 45, which provides for adjudication of disputes between the parties by way of arbitration. The said Clause 45 of the Lease Agreement is reproduced as under:

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45. The parties shall attempt, in the first instance, to resolve any dispute or difference arising in any way or manner out of, in relation to, or in connection with this agreement through discussions between the representatives of the parties. If such dispute is not resolved through the above proves within thirty (30) days from the date when either party issues a notice seeking to initiate discussions, the same shall be decided by arbitration by a sole arbitrator appointed by the parties with mutual consent within thirty (30) days from the failure of the negotiations/discussions. In case the parties fail to mutually appoint an arbitrator within fifteen (15) days of receipt of a notice from the other party, the arbitrator shall be appointed by the concerned Honourable High Court. The decision of the arbitrator shall be final and binding on the parties. The arbitration proceedings will be conductedinaccordance withthe Arbitrationand Conciliation Act, 1996, as amended or replaced from time to time. Arbitration proceedings shall be conducted in the English language. The seat of arbitrationshallbeNewDelhi.

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5. She thus submits that since disputes have arisen between the parties, the petitioners issued a Legal Notice dated 24^th April, 2025, under Section

21 of the Arbitration Act, invoking the Arbitration Clause, i.e., Clause 45 of the Lease Agreement. The respondents failed to reply to the said Legal Notice, despite receiving the same on 26^th April, 2025.

6. Thus, the present petition has been filed.

7. She further submits that, as on the date of filing the present petition, a sum of Rs. 15,36,300/- (Rupees Fifteen Lakhs Thirty Six Thousand Three Hundred Only) is due and payable towards outstanding rent amount, excluding the water charges, electricity dues and the Tax Deducted at Source (“TDS”) amounts.

8. Issue notice to the respondents, byall modes.

9. Let replybe filed, within a period of four weeks, from today.

10. Rejoinder thereto, if any, be filed within a period of two week