JITENDER LALWANI AND OTHERS Vs. DHIR INTERNATIONAL LTD

JUDGEMENT

(1.) This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, the Act) for appointment of an Arbitrator. Execution of lease deed between the parties, leasing out property No.299 Phase II, Udyog Vihar, Gurgaon by the petitioners to the respondent is not in dispute. It is also not disputed that the said lease deed provides settlement of dispute through arbitration.

(2.) Clauses 16 and 17 of the lease deed read as under:-

(3.) For non payment of lease amount, ejectment application was filed before the competent Court at Gurgaon by the petitioners. The said application was opposed by the respondent by filing an application that in view of arbitration clause, let the matter be referred to an Arbitrator and proceedings be stayed in view of the provision of Section 8 of the Act. Objection raised by the respondent was upheld and the application was allowed by the Rent Controller on 1.12.2011. It was ordered that let the Arbitrator be appointed.