LAWS(P&H)-2009-4-22

HARPREET SINGH Vs. INTERNATIONAL CARS AND MOTORS LTD

Decided On April 24, 2009
HARPREET SINGH Appellant
V/S
International Cars And Motors Ltd Respondents

JUDGEMENT

(1.) THROUGH the instant arbitration case the petitioner seeks the appointment of an arbitrator in furtherance of clause (M) of the lease deed dated 12.1.2007. Clause (M) of the lease deed is being extracted hereunder :-

(2.) A dispute is stated to have arisen between the parties, wherein the petitioner is demanding rent from the respondent, whereas the respondent is denying any liability.

(3.) THE respondents neither paid the lease amount nor nominated any arbitrator. In response to the legal notice issued by the petitioner the respondents addressed communications to the petitioner informing him that no lease amount was payable on account of the fact that the petitioner had failed to hand over physical possession of the premises in question to the respondent. Even during the course of the hearing of the present arbitration case the claim of the respondents is, that the lease deed dated 12.1.2007, was never given effect to, and as such, no payment is due from the respondents to the petitioner.