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*il{ THE HIGH COURT OF'DELHI AT NEW DELHI
ARB.P. 34912012
ASHOK KAPOOR AND OTHERS ..... Petitioners
Thlough S.R. Kakkar, Adv.
LILLIPUT KIDSWEAR LTD ..... Respondent
Through Mr.Hemant Chauhan, Adv. with
Mr.Ashish Dhingra, Adv.
*il{ THE HIGH COURT OF'DELHI AT NEW DELHI
ARB.P. 34912012
ASHOK KAPOOR AND OTHERS ..... Petitioners
Thlough S.R. Kakkar, Adv.
LILLIPUT KIDSWEAR LTD ..... Respondent
Through Mr.Hemant Chauhan, Adv. with
Mr.Ashish Dhingra, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
04.03.20L3
The present petition has been filed by the petitioners under Section
11(5) of the Arbination and Conciliation Act, 1996 for appointrnent of an indep endent arbitrator.
The case of the petitioners is that they agreed to give on rent the premises situated at 17 N4[ W.E.A. Ajmal Khan Road, Karol Bagh, Delhi-
110015 adrneasuring approx 7000 Sc1. Ft. (built up area) comprising basement, ground, first, second and third floor, to the respondent for the pupose of running an exclusive show room of children wezr under the brand of Lilliput on rnonthly rent of {10,57,000/- to be paid before 10tr' of every calendar rnonth. In this regard a lease agreement was executed between the parties on24't' August, 2009.
"
2013:DHC:8372
It is stated in the petition that the respondent paid monthly rent to the petitioners up to November,20II. Seven checlues issued by the respondent individually to the petitioners as rent for the month of Decembet 2011 and six checlues as part payrent of service tax to each petitioner have been returned unpaid with the remark "Insufficient funds". Even the respondent has failed to deposit the tax deducted at source with the Income Tax
Departrnent after deducting TDS fi'om the rent. It is stated in the petition that with regard to dishonoured checlues, the petitioners have already filed criminal complaint against the respondent. The petitioners have also tenninated tenancy of the respondent after giving 15 days notice for default in making payment for consecutive three months as per the agreement' The petitioners sent a notice dated 23'd June, 2012 to the respondent for appoinf,nent of an arbitrator. But the respondent has not responded to the notice and has also not appointed the arbitrator. Therefore, the present petition has been filed for appoinfinent of an independent arbitator'
Mr.Hemant Chauhan, Advocate appears on behalf of the respondent.
He does not dispute the arbitration clause contained in the agreernent dated
24tr'August, 2009.
Considering the overall facts and circumstances, Justice S'K'
Mahajan, (Mob. No.9873304200), is appointed as a sole Arbit'ator to adjudicate all the disputes and differences between the parties as mentioned in this petition, including their claims and counter-claims, arising out of the agreement dated 24'h August, 2009. The fees of the learned Arbitrator shall be payable according to the schedule of fees fixed by Delhi High Court
Arbitration centre under its nrles. The petition is accordingly disposed of.
Copies of this order be given dasti to the learned counsels for the
/ parties. A copy of the order be also sent to the learned sole Arbitator. ffiffioil1ff.").
MARCH 04, 20L3/ik
04.03.20L3
The present petition has been filed by the petitioners under Section
11(5) of the Arbination and Conciliation Act, 1996 for appointrnent of an indep endent arbitrator.
The case of the petitioners is that they agreed to give on rent the premises situated at 17 N4[ W.E.A. Ajmal Khan Road, Karol Bagh, Delhi-
110015 adrneasuring approx 7000 Sc1. Ft. (built up area) comprising basement, ground, first, second and third floor, to the respondent for the pupose of running an exclusive show room of children wezr under the brand of Lilliput on rnonthly rent of {10,57,000/- to be paid before 10tr' of every calendar rnonth. In this regard a lease agreement was executed between the parties on24't' August, 2009.
"
2013:DHC:8372
It is stated in the petition that the respondent paid monthly rent to the petitioners up to November,20II. Seven checlues issued by the respondent individually to the petitioners as rent for the month of Decembet 2011 and six checlues as part payrent of service tax to each petitioner have been returned unpaid with the remark "Insufficient funds". Even the respondent has failed to deposit the tax deducted at source with the Income Tax
Departrnent after deducting TDS fi'om the rent. It is stated in the petition that with regard to dishonoured checlues, the petitioners have already filed criminal complaint against the respondent. The petitioners have also tenninated tenancy of the respondent after giving 15 days notice for default in making payment for consecutive three months as per the agreement' The petitioners sent a notice dated 23'd June, 2012 to the respondent for appoinf,nent of an arbitrator. But the respondent has not responded to the notice and has also not appointed the arbitrator. Therefore, the present petition has been filed for appoinfinent of an independent arbitator'
Mr.Hemant Chauhan, Advocate appears on behalf of the respondent.
He does not dispute the arbitration clause contained in the agreernent dated
24tr'August, 2009.
Considering the overall facts and circumstances, Justice S'K'
Mahajan, (Mob. No.9873304200), is appointed as a sole Arbit'ator to adjudicate all the disputes and differences between the parties as mentioned in this petition, including their claims and counter-claims, arising out of the agreement dated 24'h August, 2009. The fees of the learned Arbitrator shall be payable according to the schedule of fees fixed by Delhi High Court
Arbitration centre under its nrles. The petition is accordingly disposed of.
Copies of this order be given dasti to the learned counsels for the
/ parties. A copy of the order be also sent to the learned sole Arbitator. ffiffioil1ff.").
MARCH 04, 20L3/ik
JUDGMENT