HEMANTH KUMAR AND FAMILY HUF Vs. SOMA SHOBHA

JUDGEMENT

(1.) By way of these applications filed under Section 11 (5 & 6) of Arbitration and Conciliation Act, 1996 (for short "the Act") the applicant seeks appointment of an Arbitrator for resolution disputes arising under the lease agreements dated 22-08-2014 entered into by and between the applicant and respondent.

(2.) The case of the applicant is that he has entered into lease agreement with the respondent for leasing out their premises subject to payment of rent and other taxes as mentioned in the applications. It is stated that since respondent have not paid the rents, disputes arose between them and the applicant has issued notices for payment of rents. But the respondent failed to pay the same. The clause 21 of lease agreement pertains to dispute resolution. Basing on the same, the applicant issued notice 12-02- 2019 for appointment of arbitrator. Though notices were sent, the same were returned as unclaimed. As such, the present applications are filed under Section 11 (6) of the Act for appointment of Arbitrator.

(3.) Though notices were sent to respondent, the same were returned unclaimed which amounts to service of notice.