ROHIT SAWHNEY Vs. DLF POWER AND SERVICES LIMITED

JUDGEMENT

(1.) Vide this common order, ARB Nos.160 and 161 of 2021 (O&M) are being decided. Rejoinders filed on behalf of the petitioner to the replies filed by the respondent in both the cases are taken on record.

(2.) Both the petitions have been preferred under Sec. 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of an independent Arbitrator to adjudicate the dispute between the parties. Since common question of law and facts are involved, therefore, facts are being culled out from ARB No.160 of 2021.

(3.) In ARB No.160 of 2021, a lease deed dtd. 9/2/2012 was executed between the petitioner and the respondent. The petitioner had invested his amount in purchase of Unit No.MS0302 having super area of 462.77 sq. meters on the 3rd floor in the commercial building known as DLF Mega Mall located at Phase-1, DLF City, Gurgaon. Sale deed was executed on 8/7/2005. The petitioner purchased the said property in order to lease it out so as to generate rental income. Petitioner was approached by the respondent to take the property on lease. Consequently, the lease deed dtd. 9/2/2012 was executed between the parties. The lease was to start w.e.f. 1/3/2011 and was to expire on 30/6/2022. The entire tenure of the lease was a lock-in period in view of clause 2 of the lease deed. However, the respondent terminated the lease prematurely in violation of the lease agreement and stopped remitting rent since April 2020. According to the aforesaid clause of the lease deed, neither party to the lease deed could have terminated the lease. The respondent was given possession of the property w.e.f. 1/3/2011. The initial rent was Rs.2,73,955.00 per month and the same was enhanced in accordance with the terms and conditions of the lease deed to an amount of Rs.3,64,634.11 + GST @ 18% per month.