ANITA MEHTA Vs. GULKAND HUES PRIVATE LTD.

JUDGEMENT

(1.) The petitioner-Anita Mehta has applied under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator in terms of the agreement dtd. 1/6/2016 to resolve the dispute inter-se the parties as the said agreement provides for resolution of disputes through a sole arbitrator to be appointed mutually by the parties.

(2.) There is no dispute to the fact that the petitioner and the respondents entered into an agreement dtd. 1/6/2016 wherein it was agreed that the petitioner would provide her premises consisting of a portion on the second floor of a building known as Mahatta's Building to the respondents for the purposes of running a Cafe named 'T Room and Chai Jaai' in lieu of which she would be provided with 25% of the business revenue on monthly basis. In accordance with the aforesaid agreement, a cafe was set-up but it is alleged that the respondent no.1 failed to release the due share of payment to the petitioner and at the same time committed several breaches of the terms and conditions of the contract, namely, encroaching upon certain other portions which were not let-out.

(3.) On account of the above disputes, before the petitioner could take any action, respondents served a notice dtd. 10/6/2019 upon the petitioner counter alleging that the petitioner failed to comply with the terms and conditions of the agreement and thus filed a suit for specific performance of the agreement dtd. 1/6/2016 and for a decree of permanent injunction in the court of 1st Munsiff, Sriangar.