SURESH SHAH Vs. TATA CONSULTANCY SERVICES LTD.

JUDGEMENT

(1.) The appellant has filed the present appeal against the order dated 16th April, 2014 passed by the learned Arbitrator in the application filed by the appellant under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") in the arbitration proceedings bearing case reference No.DAC/522/01-14 pending between the parties.

(2.) Brief facts for the purpose of deciding the present appeal are that the property bearing No.154-B, Block-A, Sector 63, Gautam Budh Nagar, Noida ("the said property") was allotted and leased by Noida Authority to AARDEE Fashions Pvt. Ltd. which was transferred to Ms.Pooja Arora who subsequently transferred the said property to Sun Light Buildcon Pvt. Ltd. (SBPL) with the permission from the Noida Authority. Vide a sub-lease deed dated 29th September, 2007, SBPL leased the said property to the respondent (TCS) with the prior permission from the Noida Authority. Vide a letter of Attornment dated 19th April, 2011, SBPL transferred all the rights and liabilities under the sub-lease deed to the appellant except for the amendments contained in the said letter of attonrment.

(3.) The appellant filed a petition under Section 9 of the Act, inter alia, seeking direction against the respondent to furnish a bank guarantee to secure the outstanding rent based on the 'area' and rent agreed under the sub-lease-deed and on the issue of protection in respect of stamp duty, as according to the appellant, the respondent failed to pay the lease rental for a period of 9 months from April to December, 2013, by raising the disputes that the sub-leased area is not 1.75 lakh sq. ft. but it is 1.35 lakhs sq. ft. as indicated in the Occupancy Certificate and secondly, it is for the lessor/appellant to pay stamp duty liability, being demanded by authorities.