SANJAY TAKIAR Vs. GOLD SOUK & ANR

JUDGEMENT

(1.) Instant arbitration application has been filed u/S.11 of the Arbitration And Conciliation Act, 1996 (Act, 1996) for appointment of Arbitrator.

(2.) It is not in dispute that the Lease Deed was executed between the parties on 31.8.2010 and Clause-5 contains the lock-in-period of nine years. At the same time, if there was any arbitral dispute arose from the terms & conditions of the lease deed there was Clause-20 for appointment of Arbitrator under the Act 1996. Clause-20 provides that if there is any Arbitral Dispute arises from terms and conditions of the Lease Deed that could be referred to the Arbitrator under the Act 1996. Clause-5, Clause-6 & Clause-20 relevant reads ad infra-

(3.) That in case of any disputes and/or differences arising between the parties in relation to this Lease Deed, the matter will be referred to the Arbitrator under the provisions of Arbitration and Conciliation Act, 1996. The Venue of the Arbitration shall be held at Jaipur, Rajasthan.