ANIL RAJPUT Vs. GKB OPTOLAB PVT LTD

JUDGEMENT

(1.) The petitioner has filed the abovementioned petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole Arbitrator to adjudicate upon the disputes and differences that have arisen between the parties.

(2.) Brief facts as culled out from the petition are that the petitioner is the owner of the premises bearing No.SG-051, DLF, Galleria Shopping Complex, DLF City, Phase-IV, Gurgaon. The respondent had taken the said premises on lease vide Lease Deed dated 8th December, 2007 which was further renewed on 9th December, 2010 to be expired on 9th December, 2013. The monthly rent is fixed at Rs. 2,24,250/-. As per the petitioner, the respondent violated the terms and conditions of the said lease deed and failed to pay the monthly rent in a timely and agreed manner. As the respondent had been continuing to breach the terms and conditions of the lease deed, the petitioner invoked the Clause 19.2 of the said deed vide notice dated 29th November, 2011 and demanded the entire amount due from the respondent, failing which the lease deed would be terminated w.e.f. 31st December, 2011. The said notice was duly served upon the respondent, but the respondent failed to pay the amount and also did not vacate and hand over the peaceful possession of the said premises to the petitioner. The details of the amount due from the respondent till 30th April, 2012 has been given in paras-12 & 13 of the petition.

(3.) Notice of this petition was issued to the respondent. However, neither the reply was filed by the respondent, nor any time was sought to file the same when the matter was listed before Court on 11th March, 2013. Learned counsel for the respondent has orally made his submissions.