Rajasthan High Court - Jodhpur
Govind Lal Sharma vs . on 2 December, 2014
Author: Govind Mathur
Bench: Govind Mathur
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. CIVIL MISC. ARBITRATION APPLN. NO.37/2014
Govind Lal Sharma
Vs.
Bharat Sanchar Nigam Limited, & Ors.
DATE OF ORDER : 02.12.2014
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. R.K. Singhal, for the applicant
Mr. Anirudh Purohit on behalf of
Mr. Vinit Kumar Mathur, for the respondent
...
BY THE COURT :
This application is preferred as per provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') for appointment of arbitrator to resolve the dispute as agitated under the notice (Annex.11) dated 17.10.2013.
The facts necessary for adjudication of this application are that the applicant executed a lease in favour of the respondents for utilizing part-premises of his residential accommodation. The lease-deed was for a period of five years from the date of its execution i.e. 20.7.2005. The applicant after expiry of the term of lease was not interested to continue with the tenancy, thus, made a request to vacate the premises at the earliest. A notice subsequent thereto was sent for initiating arbitral proceedings as [2] per Clause 23 of the Standard Lease Agreement executed between the parties. Despite service of notice, no action was taken by the respondents, hence, this application is preferred.
Learned counsel for the respondents while contesting the application submitted that the term of lease was impliedly extended, therefore, there is no need for appointment of any arbitrator.
I am of the considered opinion that the issue as to whether the lease term was liable to be extended or not is required to be decided by the arbitrator and not by me while exercising powers under Section 11 of the Act of 1996.
Looking to the facts noticed above, this application deserves acceptance. Accordingly, the same is allowed. Shri Shanti Lal Chhajed, Retired District & Sessions Judge, resident of House No.200, Adarsh Colony, Nimbahera, District Chittorgarh (Raj.) is appointed as the sole arbitrator to adjudicate the dispute between the parties referred in the notice dated 17.10.2013 (Annex.11). The Arbitrator shall be entitled for renumeration and other perquisites in accordance with the Alternative Dispute Resolution, 2009 prescribed by the Rajasthan High Court.
[3]
The Registry is directed to send a copy of this order to the sole arbitrator at the address given at the earliest.
(GOVIND MATHUR), J.
Sanjay