Full Text
REGUS OFFICE CENTRE SERVICES PVT LTD..... Petitioner
Mr Rajiv Nayar, Sr. Adv. with Mr Sujoy Kurnar, Mr Ashish Venna and Mr Arindam Ghose. Advs.
VETSUS
NEHRU PLACE HOTELS A}TD REAL ESTATES PVT LTD..... Respondent
Through Mr Akhil Sibal, Adv. with Mr Deepak Khurana and Mr Shobhit Chandra.
Advs. And o.M.P. 40912011 NEHRU PLACE HOTELS AND REAL ESTATES PVT LTD..... Petitioner
Through Mr Akhil Sibal, Adv. with Mr Deepak Advs.
Mr Sujoy Kumar, Mr Ashish Venna and Mr Arindam Ghose- Advs.
And ARB.P. 163120II NEHRU PLACE HOTELS AND REAL ESTATES PVT LTD..... Petitioner
Through (^ ,e 2011:DHC:19185 C7
Through Mr Akhil Sibal, Adv. with lW Deepak Khurana and Mr Shobhit Chandra-
Advs. VETSUS REGUS OFFICE CENTRE SERVICES PVT LTD..... Respondent
Through Mr Rajiv Nayar, Sr. Adv. with Mr Sujoy Kurnar, Mr Ashish Verma and Mr Arindam Ghose- Advs.
And ARB.P. 223120t1 ' REGUS OFFICE CENTRE SERVICES PVT LTD..... Petitioner
Through Mr Rajiv Nayar, Sr. Adv. with Mr Sujoy Kutnar, Mr Ashish Venna and Mr Arindarn Ghose. Adv.
VCTSUS
NEHRU PLACE HOTELS AND REAL ESTATES PVT LTD...:. Respondent
Through \ilr Akhil Sibal, Adv. with Mr Deepak
Advs.
\ L" a) The petition, being OMP No.67312010, has been filed under
Section 9 of the Arbitration and Conciliation Act, L996, by the petitioner
Regrrs Office Centre Services Pvt Ltd seeking interirn relief against the respondent Nehru Place Hotels and Real Estates Pvt Ltd. The Court granted interim measure of protection in favour of the petitioner on the following tenns:
"Sudect to the petitioner making payment of all maintenance charges and charges for electricity and other essential amenities and services, the electricity supply/power supply and/or L00% power back-up, water and other maintenances services and essential arnenities being availed by the petitioner in respect of 14ft Floor (Level 15) of
Eros Corporate Tower, Nehnr Place, New Delhi, shall not be disconnected till the next date."
Reply and rejoinder are already on record. b) The petition, being OMP No.409/2011, has filed under Section
9 of the Arbitration and Conciliation Act, 1996, by the Nehm Place Hotels and Real Estates P\rt Ltd. against Regrrs Office Centre Services P\rt Ltd. seeking interim order to secure the difference between the lease rental being paid to it and the lease rental as per prevailing market price, amounting to
Rs.11,76,832.501- per month by depositing flre arnount with this Court from rnonth to month along with arrears for the period October to May, 2011 or alternatively directing Regus Office Centre Services P\rt Ltd. to ftirnish a
{J I b bank gua"rantee every month or on quarterly basis for a surn of
Rs.11,76,832.501- per month along with bank guarantee for zrrears of
Rs.94,14,6601-. Only the notice was issued. Reply has been filed. Time has beeri sought by the respondent to file the rejoinder. Liberty is accordingly granted. Rejoinder be filed within two weeks. c) The petition, being Arb. P. No.163/2011, has been filed under
Section 11(5) of the Arbitration and Conciliation Act, 1996, by the Neluu
Place Hotels and Real Estates P\4 Ltd. against Regus Office Centre Services ai" Pvt Ltd. praying to appoint an arbitrator and refer the disputes between the parties to the arbitrator for adjudication. Notice in this petition was issued. d) The petition, being Arb. P. No.22312011, has been filed under
Section 11(5) of the Arbitration and Conciliation Act, 1996, by the Regrrs
Office Centre Services Pvt Ltd against the Nehru Place Hotels and Real
Estates P\rt Ltd. praying to appoint an arbihator and refer the disputes between the parties to the arbitrator for adjudication. Notice in this petition is yet to be issued.
JUDGMENT
2. Wllile considering the above rnentioned petitions, both. the parties have given their consent after taking instructions from their respective clients, that the above mentioned matters be referred to the sole arbitrator by this Cotrt for adjudication of the disputes raised by the parties. (i v
3. Mr Sibal, appearing on behalf of the Nehru Place Hotels and Real Estates Pvt Ltd., strbrnits that the consent has been given by his client in order to expedite the proceedings. He has requested that in order to avoid flre delay, the petitions filed by both the parties under Section 9 of the Act be treated as applications under Section 17 of the Act which could be decided by the arbitrator. Mr Rajiv Nayar, learned senior counsel appearing on behalf of the Regrrs Office Centre Services Pvt Ltd, has no objection for the salne. rl 4' { It is also agreed between the parties that the interim order passed in.OMP No.67312010 shall continue till the time it is vacated or rnodified by the sole arbitrator who will decide the respective applications filed by the parties as per its own merit. Mr Sibal agrees to file copies of the pleadings of the petitions filed by the parties under Section 9 of the Act which are agreed to be treated as applications filed under Section 17 of the Act within the period of ten days from the date of passing of the order.
5. Accordingly, Mr Justice R.C. Lahoti (fonner Chief Justice of India), 8-56, Sector 14, Noida, U.P. 201231, Mob. 9868858999 & Phone 0120-2576644, is appointed as a sole Arbitrator to adjudicate the disputes between the parties. 6, The fees of the learned arbitrator shall be payable according to A( the schedule of fees fixed by Delhi High Court Arbitration Centre under its nrles.
7. As agreed by the parties, the parties will not take any unnecessary adjournments and the proceedings would be concluded within a period of six to nine months from the date of first sitting.
8. The parties shall appear before the learned Arbitrator as and when the first of sitting is fixed by him.
9. The petitions as well as pending applications stand disposed of.,A A copy of the order be communicated to the learned arbitrator.
10. A copy of the order be given Dasti to both the parties. m,t76itXSrK.F,t JULY 26,2011 jk C