* IN THE HIGH COURT OF DELHI AT NEW DELHI In 3+ ARB.P. 26/2007 BENNETT,COLEMAN & CO LTD Petitioner Through Mr. K. Datta and Mr. Manish Srivastava, Advs. versus TWENTY FIRST CENTURY ERECTORS PVT. LTD AD+ Respondent Through Mr. Anil Grover with Mr. Rahul Khurana, Advs. 4 ARB.P. 23/2008 TWENTY FIRST CENTURY ERECTORS PRIVATE LIMITED Petitioner Through Mr. Anil Grover with Mr. Rahul Khurana, Advs. versus BENNETT COLEMAN & COMPANY LTD Respondent Through Mr. K. Datta and Mr. Manish Srivastava, Advs. CORAM: HON'BLE THE CHIEF JUSTICE ORDER % 10.07.2009 These above two petitions under Section 11 of the Arbitration & Conciliation Act, 1996 are between the same parties and can be disposed of by a common order. Arb. P. No. 26/2007 is filed by Bennett, Coleman & Co. Ltd. whereas Arh. P. No. 23/2008 is filed by Twenty First Century i Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 10 Erectors Private Limited. A lease deed dated 2.7.2004 has hden executed by Twenty First Century Erectors Private Limited in favour of Bennett, Coleman & Co. Ltd. whereby the demise property was leased by the Twenty First Century Erectors Private Limited to Bennett, Coleman & Co. Ltd. at the monthly rent of Rs. 16,27,584/-. The lease deed contains an arbitration clause, which is reproduced below: "10.1 Any dispute, however, arising in connection with the interpretation or implementation or purported termination of , ^ this Lease, the parties shall attempt in the first instance to } resolve such dispute by friendly consultation. J 10.2 If such dispute is not resolved through friendly consultations within thirty (30) days after commencement of discussions or such longer period as the parties agree to in writing, then either party may refer the dispute for resolution Arbitrator to be appointed mutually by the parties. 10.3 The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as may be amended from time to time or any other enactment as may be applicable for the time being. The language of the arbitration shall be English. The place of arbitration shall be ; " O Delhi only. 10.4 The arbitration award shall be final and binding on the parties and the parties agree to be bound thereby and to act accordingly. 10.5 Each party shall bear its costs of such Arbitration. When any dispute is under arbitration, except for the matters under dispute, the parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Lease Deed to the extent practicable." .>2 \ The disputes did arise between the parties and both the parties are seeking appointment of Arbitrator. However, I may mention that a contention was raised on behalf of counsel appearing for Twenty First Century Erectors Private Limited that the claim made by the Bennett, Coleman & Co. Ltd. in respect of which appointment of the arbitrator is sought is not covered by the lease deed. This question will have decided by the arbitrator and not by the Chief Justice under Section 11 of the Act. Both the parties pray that a sole Arbitrator be appointed to arbitrate upon the disputes between the parties. Mr. Justice R.C. Chopra (Retired) is appointed as a sole Arbitrator to adjudicate upon the disputes between the parties. The petitions stand disposed of. CHIEF JUSTICE JULY 10,2009