Jammu and Kashmir High Court

Arb P/20/2021 of NIRMAL BABBAR Vs M/S RELAXO FOOTWEARS LIMITED TH ITS DGM BUSINESS DEV AND RETAIL ROHINI DELHI on 31 December 2022

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JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No. 20/2021 Nirmal Babbar ….Petitioner(s)/Appellant(s) Through :- Mr. Rakesh Sharma, Advocate. V/s M/s Relaxo Footwears Limited ….Respondent(s) Through :- None. Coram: HON’BLE THE CHIEF JUSTICE (ACTING) ORDER 31.12.2022 1. The

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

Arb P No. 20/2021

Nirmal Babbar

….Petitioner(s)/Appellant(s)

Through :- Mr. Rakesh Sharma, Advocate.

V/s

M/s Relaxo Footwears Limited

….Respondent(s)

Through :- None.

Coram: HON’BLE THE CHIEF JUSTICE (ACTING)

ORDER 31.12.2022

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1. The petitioner has filed instant petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking a direction for appointment of independent Arbitrator to consider his claims and to settle the disputes between the parties under arbitration agreement on the strength of averments made and ground taken in the petition.

2. Brief facts of the case are as under:

The respondent in the year 2016 took a shop measuring 1000 sqft (shop no.1) situated at ground floor, SS Plaza, Disco Road near Dream Land School, Janipur, Jammu from petitioner on initial monthly rent of Rs.60,000/- per month with 15% enhancement in rent after every completed three years over the rent paid for the previous year.

3. It was also agreed between the parties that the respondent shall pay the next advance rent by the 10[th] of each English Calendar month. A lease deed in respect of shop mentioned herein above has been executed and duly registered on 11[th] day of August, 2016. The respondent has violated the terms and conditions of the lease deed. This has constrained the petitioner to approach this court by filing the present petition.

4. It is contended by the petitioner that Clause 12.4 provides for an arbitrator if any disputes or difference arise between the parties.

5. This court vide order dated 02.07.2021 directed this matter to be listed for final disposal. However, today none appeared for the respondent, therefore, this court is constrained to consider the matter finally in the absence of the respondent in terms of order dated 02.07.2021.

6. In terms of Clause 12.4 of the Lease Deed, the parties have agreed to mutually appoint the arbitrator in case any disputes arise between them.

7. It is also mentioned in the petition that the petitioner before fling the present petition has also issued a legal notice dated 23.01.2021 for referring the dispute to the arbitrator.

8. Learned counsel for the petitioner submitted that the respondent has failed to respond to the said legal notice.

9. Heard Mr. Rakesh Sharma, learned counsel for the petitioner.

10. Since there is no appearance of the respondent today despite the orders of this court, as also no response to the legal notice dated 23.01.2021 issued by the petitioner, therefore, this court left with no option but to appoint an arbitrator in this case.

11. The petition is allowed and Shri Rahul Pant, Sr. Advocate is appointed as sole Arbitrator who shall proceed in the matter in accordance with the provisions of the Act to make an award within the time provided in the Act itself, after charging the prescribed fee along with incidental expenses to be shared by the parties.

12. The application stands disposed of accordingly.

3 Arb P No. 20/2021

13. Registry shall communicate a copy of this order to learned Arbitrator through e-mail as well as ordinary mode.

Jammu: 31.12.2022Raj Kumar

(Tashi Rabstan) Chief Justice (Acting)

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