RADHEY EDUCATION PVT. LTD. Vs. INTERNATIONAL INSTITUTE OF PLANNING AND MANAGEMENT PVT. LTD. (NOW KNOWN AS CENTER FOR VOCATIONAL AND ENTREPRENEURSHIP STUDIES)

JUDGEMENT

(1.) THIS is a petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 (in short the Act). Notice in this petition was issued on 31.07.2013. As per the report of the registry notice has been served on the respondent as far back as on 02.09.2013 at one of the two addresses given in the memo of parties. There is no representation, however, on behalf of the respondent despite service of summons in the matter. Briefly, the averments made in the petition are as follows: The petitioner claims that a lease deed was executed with respondent on 09.05.2011, whereby the following premises were given on lease to the respondent: Premises bearing no. 701, 7th Floor, in building Aggarwal Cyber Plaza, C -4, 5, 6, Netaji Subhash Place, Pitampura, Delhi; admeasuring 8200 sq. Ft. (covered area being 5600 sq. Ft.).

(2.) TO be noted, as per the averments made in the petition the said lease agreement has been registered. It is the case of the petitioner that the respondent was required to pay a lease rent of Rs. 6 lacs per month and that since September, 2011, the lease rent has not been paid. It is also the case of the petitioner that the lease rent is in addition to electricity, water and maintenance charges; which have also not been paid.

(3.) THERE is, however, on record a response of the respondent, which is dated 23.04.2013. The said response, on behalf of the respondent, has been issued by its advocate to the legal notices dated 08.02.2013 and 01.03.2013, issued by the petitioner, to which a reference has been made hereinabove. In the said communication dated 23.04.2013, the respondent, inter alia, has indicated that it is willing to handover the keys of the premises in issue to the petitioner after taking possession of what they term as 'rightful assets'. Learned counsel for the petitioner, though, informs me that the possession of the premises in issue, has not been handed over to the petitioner.