ABHISHEK DEVELOPERS Vs. LILIPUT KIDSWEAR LIMITED

JUDGEMENT

(1.) The petitioner has filed this petition under Sec.11(5) and (6) of the Arbitration and Conciliation Act, 1996 praying to appoint an arbitrator on behalf of the respondent to adjudicate the dispute between the petitioner and the respondent.

(2.) It is stated, the petitioner and the respondent entered into a registered lease deed dated 12-10-2009 wherein it was agreed by the petitioner to let out Unit No.S60 at Mantri Square, Malleshwaram, for a period of six years. The respondent did not pay the rent and other charges. Therefore, the petitioner sent legal notice dated 12-4-2012 invoking clause 7.2(e)(ii) of the lease deed terminating the registered lease deed dated 12-10-2009 entered into between the petitioner and the respondent. The respondent was called upon to collect a sum of Rs. .5,10,029/-.

(3.) The respondent received the legal notice on 24-4-2012. From 29-3-2012 till 15-12-2012, the respondent has closed the premises without conducting any business. Thereafter, the petitioner issued legal notice dated 7-11-2012 invoking clause 13.4 of the lease deed which stipulates that the disputes be resolved by way of arbitration. The petitioner nominated Justice Sri.A.B.Murgod, the retired Judge of this Court as its nominee Arbitrator. The respondent failed to respond to the arbitration notice. Therefore, the petitioner has prayed for appointment of Arbitrator in terms of the lease agreement deed dated 12-10-2009.