SUNIL KUMAR SHARMA Vs. PERFEXA SOLUTIONS PVT. LTD.

JUDGEMENT

(1.) THE petitioner has sought appointment of an Arbitrator in terms of the agreement between the parties (Annexure P -1), dated 27.01.2006.

(2.) BY virtue of the said agreement, an area measuring 15,422 Sq.ft. together with the right to avail various common services and facilities in the Complex and 15 care parks were leased out to the respondent for a period of 3 years. It is the case of the petitioner that on account of non -payment of the lease amount, in terms of the aforesaid agreement, the matter is required to be decided by an Arbitrator in terms of the Clause 102 of the said agreement.

(3.) THE said suit for declaration is on an independent cause of action and has nothing to do with the non -payment of lease amount in pursuance of a separate agreement of lease entered between the parties. The petitioner has sought arrears of lease amount payable in terms of lease agreement dated 27.1.2006. The dispute is to be adjudicated upon in terms of Clause 15.2 of the agreement. Therefore, such dispute is required to be referred for adjudication to an Arbitrator.