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HIGH COURT OF DELHI
Date of Decision: 10th July, 2023
M/S GDN ENTERPRISES PRIVATE LIMITED ..... Petitioner
Through: Mr. Yash Dhyani, Mr. Mudit Sharma and Mr. Parvez A. Khan, Advocates.
Through: Mr. Deepanshu Jain and Mr. Shaantanu Jain, Advocates.
JUDGMENT
1. Present petition has been filed by the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘1996 Act’) seeking appointment of an Arbitrator to adjudicate the disputes between the parties.
2. The disputes between the parties to the lis arise out of a sub- Lease Agreement dated 01.05.2019 read with Equipment Lease Deed dated 01.05.2019 whereby Respondent had agreed to take on lease the industrial property No. H-10, Sector-63, Noida, Uttar Pradesh, for a period of five years with effect from 01.05.2019 including the lease of technical equipments. The lock-in period of the sub-Lease Agreement expired on 30.04.2022 and notice of termination was issued by the Petitioner on 31.01.2022 to the Respondent.
3. On disputes having arisen, Petitioner invoked the Arbitration Agreement vide notice dated 31.01.2023 and called upon the Respondent to amicably resolve the disputes and differences, failing which an Arbitrator will be appointed by the Petitioner. Getting no favourable response, Petitioner filed the present petition. The Agreements between the parties contain an Arbitration Clause being Clause 8(f) and (g) of the sub-Lease Agreement and Clause 28 of Equipment Lease Deed, which are extracted hereunder, for ready reference:-
4. Notice was issued by this Court on 02.05.2023 to the Respondent. Mr. Deepanshu Jain, learned counsel enters appearance on behalf of the Respondent and on instructions submits that Respondent has no objection to the appointment of the Arbitrator to adjudicate the disputes between the parties in terms of the Arbitration Clauses.
5. Accordingly, Mr. Gajendra Giri, Advocate (Mobile No.9213934696), is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.
6. The learned Arbitrator will proceed with the arbitration proceedings subject to furnishing to the parties requisite disclosures under Section 12 of the 1996 Act. The learned Arbitrator shall be entitled to fee in accordance with Fourth Schedule of the 1996 Act or as may otherwise be agreed between the parties and the learned Arbitrator.
7. Petition stands disposed of in the above terms keeping all rights and contentions of the parties on merits open, to be decided by the learned Arbitrator, in accordance with law.
JYOTI SINGH, J JULY 10, 2023