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GUJARAT HIGH COURT
AKIL KURESHI, J
RUTU TUSHAR VACCHANI – Appellant
Versus
DEVYANIBEN SATISHBHAI PATEL – Respondent
| Table of Content |
|---|
| 1. petitioner seeks arbitration based on the lease agreement. (Para 1) |
| 2. disputes regarding eviction and non-renewal revolve around the defined arbitration clause. (Para 2 , 3) |
| 3. respondent claims no arbitrable dispute exists post-termination of the lease. (Para 4 , 5) |
| 4. court analyzes arbitration clause's applicability to disputes arising post-agreement. (Para 6 , 7 , 8 , 9) |
| 5. court ultimately dismisses arbitration petitions. (Para 10) |
JUDGEMENT
1. These petitions arise out of a common background. We may refer to facts as emerge in IAAP No.13/2014. The petitioner seeks appointment of an arbitrator to resolve the disputes between the petitioner and the respondent arising out of an agreement dated 5.8.2002 titled as leave and license agreement. Under such agreement, the petitioner was put in possession of an immovable property in the nature of a shop on 1.6.2002 and was allowed to to use the same upto 31.5.2012 for a period of 10 years with agreed rent of Rs.2500/ per month revised by 15% every three years. Undisputedly, the petitioner enjoyed the use, occupation and possession of the said property for the period envisaged in the agreement. The
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