ARB No. 101 of 2018

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

237

ARB No. 101 of 2018

Date of Decision: 29.09.2022

M/s Gurgaon Infospace Ltd. and anr

.....Petitioners

Vs

M/S The Food Planet throut its partner

....Respondent

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr.K.Kaushal, Advocate for

Mr.Arvind Chaudhary, Advocate

for the petitioners.

****

RAJ MOHAN SINGH, J.(Oral)

The present petition has been filed under Section

11(6) of the Arbitration and Conciliation Act, 1996 (for short <the

Act=) for appointment of sole Arbitrator to resolve the dispute

between the parties.

Registered lease deed was executed between the

parties on 13.03.2012 at Gurugram. Clause Nos. 14.1 and 14.2

are the arbitration clauses of the registered lease deed, which

read as under:-

<14.1- Notwithstanding anything contained in any

other law for the time being in force, if any dispute,

differences or disagreements arising out of, in

connection with or in relation to this Agreement

including its interpretation, performance or

termination or of any civil nature arises among two or

ANITA DEVI

2022.10.11 11:20

I attest to the accuracy and

authenticity of this

ordert/judgment

ARB No. 101 of 2018

2

more Units or between an Unit (herein the Lessee)

and the Developer (herein the Lessor) in the Special

Economic Zone (herein the Complex ) and the court

or the courts to try suits in respect of such dispute

have not been designated under sub-section (1) of

Section 23 of the SEZ Act, such dispute shall be

referred to arbitration.

14.2-

Provided that no dispute shall be referred

to the arbitration on or after the date of the

designation of the curt or courts under sub-section (1)

of Section 23 of the SEZ Act. Where a dispute has

been referred to arbitration under Article 14.1, the

same shall be settled or decided by the arbitrator to

be appointed by the Central Government. The

provisions of the Arbitration Act shall apply to all

arbitration made under Article 14.1 as if the

proceedings for arbitration were referred in settlement

or decision under the provisions of the Arbitration

Act.=

Petitioners are companies incorporated under Indian

Companies Act, 1956. Present petition has been filed by the

petitioners through their duly authorized signatories, namely,

Sh.S.C.Jain and Sh.Sanjay Yadav, Head-Legal & Compliance

respectively, who have been duly authorized by the petitioners

vide their respective board resolutions dated 18.12.2019 and

09.11.2015 for signing and verifying the pleadings and also to

engage their advocates. Petitioners-companies are developers

and co-developers and being the landlords, rented out the

premises/ unit No.7 measuring 1542 sq.ft. on the ground floor of

ANITA DEVI

2022.10.11 11:20

I attest to the accuracy and

authenticity of this

ordert/judgment

ARB No. 101 of 2018

3

the Amenity Block at its IT/ITes SEZ at Infospace, Sector 21,

Dundahera, Gurugram for running a food outlet in the name and

style of <Al-Kabab=. Respondents had taken the aforesaid unit

on lease for the period of five years by way of aforesaid lease

deed dated 13.03.2012 commencing from 06.01.2012 at a

monthly rent of Rs.1,38,780/-. The aforesaid rent was exclusive

of the maintenance charges and service tax payable by the

respondents in addition to the rent.

The dispute arose between the parties, for which the

petitioners have already invoked the arbitration clause No.14 of

the registered lease Agreement dated 13.03.2012. Seeing no

response from the side of respondents, the petitioners,

thereafter, filed the present petition on 06.04.2018 in this Court.

Notice of motion was issued on 20.04.2018.

Thereafter, CM No.6014-CII of 2019 was filed under Order 5

Rule 20 read with Section 151 C.P.C. for substituted service of

the respondent. None appeared on behalf of the applicant-

petitioner on 15.03.2019 and the appl