CHITRA MISRA Vs. DECATHLON SPORTS INDIA PRIVATE LTD.

JUDGEMENT

(1.) Heard Sri Pritish Kumar and Sri Amal Rastogi Advocates, the learned counsel for the petitioners and Sri S.C. Mishra, Senior Advocate assisted by Sri Sanjeev Singh, Advocate for the respondents.

(2.) By means of instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged the validity of an order dtd. 15/7/2022 passed by Hon'ble Justice Shri Dilip B. Bhosale (retired), Sole Arbitrator in the arbitration proceedings instituted by the petitioners against the respondents, whereby an application under Sec. 16(2) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') has been allowed and the arbitration proceedings have been dropped for want of jurisdiction, leaving it open to the parties to take appropriate remedy for redressal of their grievances at proper stage before appropriate Forum. The petitioners have also challenged the validity of the judgment and order dtd. 30/1/2024 passed by the Presiding Officer, Commercial Court No. 1, Lucknow in Arbitration Case No. 124 of 2022, dismissing an application under Sec. 13(1A) of the Commercial Court Act, 2005 read with Sec. 37 of the Arbitration Act, filed by the petitioners, challenging the aforesaid order dtd. 15/7/2022 passed by the Sole Arbitrator.

(3.) Briefly stated, facts of the case are that M/s Rohtas Projects Limited had executed a lease deed dtd. 7/4/2017 in favour of M/s Decathlon Sports India Private Ltd (the respondent no. 1), letting out an area of 21,825 Square feet i.e. 2,028 square meters, bearing Unit Nos. GF-01, GF-02, GF-03, GF-04, GF-05, GF-06, GF-07, GF-08, GF-9, GF-9A, GF-9B, GF-10A, GF-10B, GF-10C at Plot No. TC-G 1/4 in Rohtas Presidential Arcade situated in Vibhuti Khand, Gomti Nagar, Lucknow, for a period of 20 years.