ARCHBISHOP OF BANGALORE Vs. HARISHCHANDRA SHETTY

JUDGEMENT

(1.) The petitioner being the owner of the scheduled premises, entered into a lease deed with the respondent No.1 under registered lease deed dtd. 5/4/2004, which has been produced in the original, at Annexure-A. It is contended by the petitioner that respondent No.2 is the sub-lessee under respondent No.1. The petitioner appears to have terminated the lease and thereafter, approached the City Civil Court, Bengaluru in O.S No. 8626/2019 seeking injunction on the respondent and for payment of arrears of rent/damages. During course of the proceedings before the City Civil Court, respondent No.1 herein filed an application under Sec. 8(1) of the Arbitration and Conciliation Act, 1996 stating that since there is an arbitration clause contained in the lease deed, the suit is not maintainable. The said application was allowed by the City Civil Court by order dtd. 5/8/2022 while disposing of the suit in view of the arbitration clause contained in the lease deed.

(2.) Thereafter, a notice dtd. 18/8/2022 was caused by the petitioner to the respondents, invoking the arbitration clause and nominating a former Supreme Court Judge as an Arbitrator and the respondents were called upon to accept the nomination and come forward for arbitration.

(3.) Respondent No.3 herein caused reply dtd. 30/9/2022 admitting the fact that respondent No.1 has sublet the premises to respondent No.2 on 27/4/2018. However, respondent No.2 did not accept the invocation of the arbitration clause by the petitioner and consequently, this civil miscellaneous petition is filed.