COGENT VENTURES (INDIA) LTD Vs. RAJ KARAN

JUDGEMENT

(1.) Arbitration Petition No. 335 of 2006 under Section 11(6) of the Arbitration & Conciliation Act, 1996 ('Act') has been filed by Cogent Venture (India) Ltd. ('CVIL') praying that this Court should appoint an Arbitrator to decide the disputes between CVIL and the Respondent (late) Shri Raj Karan, arising out of an Agreement dated 17 th November 2003 between the parties. The petition has been filed through Shri A.D. Bhargava, claiming that he has been authorized by a Board Resolution dated 5 th July 2006 to pursue this litigation on behalf of CVIL.

(2.) The Respondent expired during the pendency of the present petition on 25 th September 2009. By an order dated 11 th December 2009 in I.A.14956 of 2009, the LRs of the deceased Respondent have been brought on record in his place.

(3.) The deceased Respondent Raj Karan was the owner of a property bearing Khasra No.810/2 measuring 2200 sq. yds. at Chhatarpur Extension, New Delhi (hereafter referred to as 'the land in question'). The Petitioner entered into an agreement dated 14 th August 2003 with the Respondent whereby the land in question was leased out to the Petitioner by the deceased Respondent for a period of three years at a rent of Rs.51,000 per month. The possession of the land in question was handed over to the Petitioner. It is claimed by the Petitioner that when the land was handed over to it, there was a construction comprising three bed rooms, one kitchen, one drawing-cum-dinning, four bathrooms and one servant quarter "as a body structure" on the ground floor and was depicted in the schedule to the said agreement.