VIDYA RANI GARG Vs. FEETOES

JUDGEMENT

(1.) The present petition has been under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent.

(2.) The dispute in question pertains to Shop no. M-24, Ground Floor admeasuring approx. 425 square feet situated at M-Block, Market, Greater Kailash-1, New Delhi. Petitioner herein claims to be absolute owner thereof by virtue of registered sale deed dtd. 02.09.1999. According to petitioner, the said shop was let out to respondent, a proprietorship firm, for a period of six years commencing from 01.12.2019 to 30.11.2025, on a monthly rent of INR 3,70,000.00 and as per the lease agreement, the rent was payable in ARB.P. 1079/2021 advance on or before the 5th day of each English Calendar month, failing which penalty of Rs.5,000.00 per day for the delayed period was to be paid to the petitioner. The aforesaid lease agreement was registered in the office of Sub-Registrar, Hauz Khas, New Delhi on 06.12.2019.

(3.) According to petitioner, as per Clause-3 of the aforesaid lease agreement, after completion of three years, it was agreed that the monthly rent shall be increased from Rs.3,70,000.00 to Rs. 4,31,250.00 for the next three years w.e.f. 01.12.2022 and service tax and GST shall be borne by the respondent. Further, there shall be lock-in period of two years from date of commencement, i.e. 01.12.2019 to 30.11.2021 which is still subsisting.