KP CARS INTL PRIVATE LIMITED Vs. AMISH GUPTA

JUDGEMENT

(1.) The present petition has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Umpire (Arbitrator) as per clause 19 of lease agreement dtd. 18/12/2017. Pertinently, petitioner is a company under the provisions of the Companies Act, 1956 and was willing to start a business of Automobiles and was in dire need of commercial accommodation for running and opening of the showroom and authorized service center for imported luxurious Cars having value of more than crores.

(2.) According to the petitioner, a lease deed was executed between the petitioner and the respondents through a mediator in Respect of the Khasra No.390/2/2, NH-8, Delhi-Gurugram Road, Rangpuri, Near Shiv Murti, New Delhi-110037, measuring area of about 11,000 Sq. ft. on Ground & First Floor. The petitioner through mediator had approached for taking the abovesaid premises with open area attached thereto, including terrace rights for commercial purposes. In March 2018, demised premise was sealed by the MCD as it was being used for commercial purpose without permission. Notice of demand dtd. 31/5/2021 was served by petitioner upon respondents thereby calling them to pay the amount as mentioned in paragraph 19 of the plaint and urged for appointment of Arbitrator on behalf of respondents. However, respondents did not comply with the same. Hence, the present petition has been filed.

(3.) Pertinently, as per cause19 of Lease Deed dtd. 18/12/2017, the disputes shall be resolved through an Arbitral Tribunal, which shall constitute a panel of three Arbitrators. Each party shall appoint one Arbitrator and two appointed Arbitrators so appointed shall appoint one umpire Arbitrator.