Delhi High Court
Anil Rajput vs M/S Gkb Optolab Pvt. Ltd. on 30 April, 2013
Author: Manmohan Singh
Bench: Manmohan Singh
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order decided on: April 30, 2013
+ Arb.P.No.200/2012
ANIL RAJPUT ..... Petitioner
Through Mr.Anil K.Kher, Sr.Adv. with
Mr.D.R.Bhatia, Adv.
versus
M/S GKB OPTOLAB PVT LTD ..... Respondent
Through None
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J. (Oral)
1. The petitioner has filed the abovementioned petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole Arbitrator to adjudicate upon the disputes and differences that have arisen between the parties.
2. Brief facts as culled out from the petition are that the petitioner is the owner of the premises bearing No.SG-051, DLF, Galleria Shopping Complex, DLF City, Phase-IV, Gurgaon. The respondent had taken the said premises on lease vide Lease Deed dated 8 th December, 2007 which was further renewed on 9th December, 2010 to be expired on 9th December, 2013. The monthly rent is fixed at `2,24,250/-. As per the petitioner, the respondent violated the terms and conditions of the said lease deed and failed to pay the monthly rent in a timely and agreed manner. As the respondent had been continuing to breach the terms and conditions of the lease deed, the petitioner invoked the Clause 19.2 of the said deed vide Arb.P.No.200/2012 Page 1 of 2 notice dated 29th November, 2011 and demanded the entire amount due from the respondent, failing which the lease deed would be terminated w.e.f. 31 st December, 2011. The said notice was duly served upon the respondent, but the respondent failed to pay the amount and also did not vacate and hand over the peaceful possession of the said premises to the petitioner. The details of the amount due from the respondent till 30 th April, 2012 has been given in paras-12 & 13 of the petition.
3. Notice of this petition was issued to the respondent. However, neither the reply was filed by the respondent, nor any time was sought to file the same when the matter was listed before Court on 11 th March, 2013. Learned counsel for the respondent has orally made his submissions.
4. I have heard the learned counsel for the parties and have gone through the contents mentioned in the petition coupled with the documents placed on the record.
5. In view of the above, the disputes between the parties are referred to the arbitration, to be conducted under the aegis of Delhi High Court Arbitration Centre and its rules and the fee shall also be paid to the sole Arbitrator as per rules thereof. The Arbitrator appointed by the Delhi High Court Arbitration Centre shall give prior notice before commencing the proceedings.
6. The petition is disposed of in the above said terms.
7. A copy of this order be sent to the Secretary to the Arbitration Centre forthwith. Copies of the same be also given dasti to the learned counsels for the parties.
(MANMOHAN SINGH) JUDGE APRIL 30, 2013 Arb.P.No.200/2012 Page 2 of 2