MANOJ GULSHAN Vs. ZEE LEARN LTD

JUDGEMENT

(1.) The appellants have filed the present appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 read with Sec. 13 of the Commercial Court Act for modifying the impugned order dtd. 29/9/2021 passed by learned Single Judge in OMP (I) (COMM) No. 425/2020 titled as "Manoj Gulshan and Anr. vs. Zee Learn Limited", by which the learned Single Judge had disposed of the present appellant's petition filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").

(2.) In brief, the case of the appellant is that appellant no. 1 is the owner of the premises bearing No. A9/20, Ground Floor, Vasant Vihar, New Delhi-110057, which was given on a licence to the respondents for a period of ten years and the appellant no. 2 has done the furnishing and fittings in the said premises. The parties have entered into an agreement dtd. 6/2/2018 for a period of five years w.e.f. 1/2/2018. The rent was payable @ Rs.2,10,000.00 per month from 1/3/2018 till 28/2/2019 and thereafter the rent was to be increased @5% annually.

(3.) As per the appellants, respondents had paid the rent till August, 2019 and thereafter no payments were made. The agreement was terminated by Appellants by a letter dtd. 27/10/2019 and thereafter the respondent is liable to pay the user charges @ Rs.12,500.00plus taxes per day. Since, the premises were not vacated, so they filed the petition under Sec. 9 of the Act in this Court. The prayer clause of the said petition is reproduced hereunder: