LAWS(DLH)-2009-8-449

NILU HANDICRAFTS Vs. DOLPHIN MART LTD.

Decided On August 31, 2009
Nilu Handicrafts Appellant
V/S
Dolphin Mart Ltd. Respondents

JUDGEMENT

(1.) This petition under Sec. 9 of the Arbitration & Conciliation Act, 1996 has been made by the petitioner with a prayer that this Court should direct respondent to pay to the petitioner outstanding rent of Rs. 1,23,000/ - per month from 1st February 2009 till date and continue to pay the said amount till the possession is delivered to the petitioner.

(2.) The petition discloses that the petitioner had entered into a lease deed with the respondent in respect of a showroom No. GS -109, Ground Floor, DLF, Grand Mall, Mehrauli -Gurgaon Road, Haryana comprising of 1174 sq. feet reserving the rent of Rs. 1,23,000/ - per month with lock -in -period of three years commencing from 9th August 2006 to 8th August, 2009. The petitioner received a letter from respondent wherein respondent informed the petitioner that the running of showroom was not economical for it and the respondent was planning to handover the showroom to Dolphin International Limited to run an export office. Respondent wanted no objection from petitioner for this arrangement. Respondent vide another letter dated 6th December 2008 told the petitioner not to present the post -dated cheques issued by it on account of rentals. Since the petitioner did not issue no objection, respondent vide letter dated 5th May 2009 intimated to the petitioner that it had vacated the premises and asked the petitioner to take possession and the keys of the premises after refunding the security. Thereafter, the petitioner filed this petition under Sec. 9 with above prayer.

(3.) In my view, this petition under Sec. 9 is not maintainable. A petition under Sec. 9 cannot be filed to recover arrears of rent or to seek directions for respondent to continue to pay the rent. The intent and purpose of Sec. 9 is to preserve the subject matter of arbitration. The scope of Sec. 9 is not as extensive as various rules under Order 39 or and also does not include in its ambit Order 12 Rule 6 of CPC. The instant petition seeking directions for respondent to pay rent to the petitioner is not maintainable. The petition is hereby dismissed. The petitioner, however, would be at liberty to invoke the arbitration Clause and ask the arbitrator to pass a suitable interim award.