ARB. A. (COMM.) 22/2021

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$~9(Original Side)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

ARB. A. (COMM.) 22/2021, I.A. 6450/2021, I.A.

6451/2021&I.A. 6452/2021

ASIAN HOTELS (NORTH) LTD

..... Appellant

Through:

Mr. Saurabh Kirpal, Sr. Adv.,

Mr.Sidhant Kumar, Mr. Sanjay

Agarwal, Dr. Joginder Singh,

Mr. Akshit Mago & Ms.

ManyaaChandok, Advs.

versus

RAJWANT SINGH BAWA

..... Respondent

Through:

Mr. Sandeep Aggarwal, Sr.

Adv. with Mr.Siddhant Nath &

Mr. Rajesh Pathak, Advs.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

1.

After some arguments, learned Senior Counsel for the parties ad

idem agree tothe disposal of this appeal by a modification of the

direction issued by the learned Arbitral Tribunal. In place of the

direction awarding a sum of ₹ 10,41,40,263/-. Mr. Kirpal, learned

Senior Counsel for the appellant submits, on instructions that his client

is willing to agree to grant of relief to the respondent in terms of

alternate prayer ‘b’ of the application filed by the respondent under

Section 9 of the Arbitration and Conciliation Act, 1996, which was

converted into an application under Section 17 of the 1996 Act, and

decided by the learned Arbitrator vide the impugned order. Prayers ‘a’

and ‘b’ in the Section 9 application of the respondent read thus:

O R D E R (ORAL)

%

19.05.2021

(Video-Conferencing)

“Therefore, it is most respectfully prayed that on the facts and

circumstances of the case as stated herein above, this Hon’ble

Court be pleased to direct the Respondent:-

2021:DHC:1646

ARB. A. (COMM.) 22/2021

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a.

to continue to maintain and properly upkeep the

Apartment No.3003, 3^rd

Floor situated in Block A /

New Tower, Hotel Hayatt (sic) Regency, Bikha Ji

Cama Place, New Delhi during the arbitration

proceeding;

b.

to secure the sum of Rs.10,41,40,263/- (Rs. Ten

Crore Forty One Lakh forty thousand two hundred

sixty three only) which has become payable towards

the rental of the remaining lock-in period of 84 months

alongwith applicable GST; or in alternate, to pay the

in termsof the Lease Deed dated 19.8.2019; and

c.

pass any other and further orders as this Hon’ble

Court may deem fit and proper in the interests of

justice.”

(Emphasis supplied)

2.

Mr. Kirpal submits, on instructions, that his client is willing to

abide by the alternate prayer ‘b’ of the respondent as above, which

would require the appellant to pay up to date arrears of monthly rent

and applicable taxes with a further undertaking to pay future rent in

terms of the lease deed dated 19^th

August, 2019. In order to avoid any

ambiguity on this count, learned Counsel are agreed that the arrears of

up to date monthly rent along with applicable tax would be reckoned

from March, 2020, and that the monthly rent payable in future would

be ₹10,28,000/-.

3.

As such, this appeal is disposed of, with consent, by modifying

the directions issued by the learned Arbitral Tribunal, to the following

effect:

2021:DHC:1646

ARB. A. (COMM.) 22/2021

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(i)

The appellant shall deposit the up to date arrears of

monthly rent and applicable tax, reckoned with effect from

March, 2020, with the Registrar General of this Court, by way

of a demand draft covering the said amount, which shall be

forthwith deposited in an interest bearing fixed deposit, to abide

by further directions to be passed by the learned Arbitral

Tribunal.

(ii)

The appellant shall also deposit, monthly, with the

Registrar General of this Court, the amount of ₹10,28,000/ -,

towards rent payable in respect of premises in question. This

amount would also be deposited in an interest bearing fixed

deposit and would abide by the further directions to be passed

by learned Arbitral Tribunal.

4.

As there is no appeal by the respondent, this Court is not

interfering with the directions contained in the impugned order in so

far as the respondent is concerned.

5.

In view of the above, Mr. Aggarwa