QUALITY CARE INDIA LIMITED Vs. SAGAR HOSPITALS

JUDGEMENT

(1.) THE applicant and the respondents entered into Annexure-I lease deed dated 14th December,2007. Disputes arose between the parties with respect to various matters in connection with the lease deed. Annexure-II notice dated 28.11.2008 was issued by the respondents directing the applicant to surrender vacant possession of the building and to pay a sum of `5,15,00,000/- (Rupees five crores and fifteen lakhs only). THE applicant issued Annexure-III reply notice dated 15.1.2009 in which the applicant claimed `18,00,00,000/- (Rupees eighteen crores only) from the respondents. As per Annexure-V notice dated 25.6.2010, the applicant invoked the arbitration clause in Annexure-I lease deed and suggested an arbitrator to be appointed. On behalf of the respondents, Annexure-VI reply was issued objecting to the appointment of the arbitrator as suggested by the applicant. In these facts and circumstances, the Arbitration Request is filed under Section 11 of the Arbitration and Conciliation Act for appointment of a sole arbitrator.

(2.) CLAUSE 14 of Annexure-I lease deed contains the arbitration clause which reads as follows: