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The Ultimate Travelling Camp Private ... vs Dudhwa Adventure Resorts Private ... on 11 February, 2022

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                         $~1 (2021)
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     ARB.P. 782/2021
                               THE ULTIMATE TRAVELLING CAMP PRIVATE
                               LIMITED                                  ..... Petitioner
                                              Through: Mr Trideep Pais, Senior Advocate
                                                       with Mr Devashish Chauhan and Ms
                                                       Charchika Yadav, Advocates.
                                              versus
                               DUDHWA ADVENTURE RESORTS PRIVATE
                               LIMITED & ORS.                           ..... Respondents
                                              Through: Ms Rashmi Chopra and Ms Vatsala
                                                       Chandra Chaturvedi, Advocate.
                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                        ORDER

% 11.02.2022 [Hearing Held Through Videoconferencing]

1. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter „the A&C Act‟), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with the Sub-Lease Deed dated 16.05.2017.

2. The respondent had leased the premises described as "Jaagir Lodge, Dudhwa Tiger Reserve which consists of a heritage building with 7 rooms and a lounge part of the main block, 3 Villas or „Jhaalas‟ Lounge, swimming pool, restaurant, kitchen, pantry, staff accommodation quarters, laundry room, generator room, generator room (inclusive of the existing period antique furniture, beautiful imported designer wall-paper patterns, Signature Not Verified Digitally signed by:DUSHYANT RAWAL rich designer imported upholstery (silk and linen sheers and curtains) and an overall feeling of understated luxury) which are spread across the approximately 5 Acres of land within the LAND and all other amenities or facilities that are currently existing within the Land".

3. Admittedly, the petitioner has not paid the lease rentals for the said premises for a certain period and claims that it is not liable to do so on account of force majeure conditions.

4. Mr Pais, learned senior counsel appearing for the petitioner, also relies upon certain clauses of the said Sub-Lease Deed, in support of his contention that the petitioner is not liable to pay any lease rentals for a certain period. The said Sub-Lease Deed includes an Arbitration Agreement that reads as under:

"15. ARBITRATION Unless prohibited by any applicable law in force, all claims, disputes, differences or questions of any nature arising between the Parties to this SUB LEASE DEED, whether during or after the termination or expiry of this SUB-LEASE DEED, in relation to the terms used in or clause of this SUB-LEASE DEED or as to the rights, duties, liabilities of the Parties arising out of this SUB-LEASE DEED, shall be referred to arbitration by one arbitrator, to be mutually appointed by both the Parties. The arbitration shall be in accordance with the provisions of Arbitration and Conciliation Act, 1996, as amended in 2015, including any amendment hereto. The SUB-LESSOR and the SUB-LESSEE mutually agree and confirm that the arbitration proceeding shall be held at Delhi only and shall be conducted in the English language."

5. Ms Chopra, learned counsel appearing for the respondent, does not dispute the existence of the Sub-Lease Deed or the Arbitration Agreement. It is also not disputed that the petitioner had invoked the said arbitration.

The parties had also attempted to resolve their disputes in Mediation and this Court is informed that their efforts to do so have failed.

6. Since there is no dispute as to the existence of the Arbitration Agreement, this Court considers is apposite to allow the present petition. Mr. Tej Singh Kashyap, ADJ (Retired) (Mobile No.9910384674) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. This is subject to the learned Arbitrator making the necessary disclosure under Section 12(1) of the A&C Act and not being ineligible under Section 12(5) of the A&C Act. The parties are at liberty to approach the learned Arbitrator for further proceedings.

7. The petition is disposed of in the aforesaid terms.

                                                                              VIBHU BAKHRU, J
                         FEBRUARY 11, 2022
                         RK                               Click here to check corrigendum, if any




Signature Not Verified

Digitally signed
by:DUSHYANT
RAWAL