IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 06.04.2011 Arb. Case No.1 of 2010 Anil Wadhwa and another ...Petitioners Versus Gini & Jony Limited ...Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. P.K.Khindria, Advocate, for the petitioners. Mr. Dhunjali Verma, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) The present is a petition for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) in respect of the disputes between the parties arising out of lease deed dated 01.10.2007. Vide the aforesaid lease deed, the petitioners have leased Shop Nos.45 & 46, Ground Floor, The Metropolitan Mehrauli, Gurgaon Road, Gurgaon to the respondent. The lease deed contains an arbitration clause, which read as under: “15. Arbitration & Jurisdiction It shall be referred to a Sole Arbitrator to be appointed in accordance with the provisions of the Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be held at New Delhi. ” Arb. Case No.1 of 2010 As per the petitioners, the respondent has failed to vacate the premises after the expiry of lease period and that such disputes are required to be decided by an Arbitrator in terms of the arbitration clause in the lease deed. On behalf of the respondent, it is pointed out that the respondent has sought extension in lease and, therefore, there is no dispute, which is required to be adjudicated upon by an Arbitrator. The questions; whether the respondent has sought extension in lease and/or is ready and willing to perform its part of the contract, are disputed questions of fact, which can be adjudicated upon by an Arbitrator in terms of the arbitration clause contained in the lease deed. Therefore, to resolve all the disputes between the parties, Hon’ble Mrs. Justice Bakshish Kaur (Retd.), resident of H.No.2371, Phase- XI, Mohali, Punjab, is appointed as an Arbitrator. The Arbitrator shall be entitled to charge fee not exceeding Rs.55,000/- per hearing and for not more than 10 hearings. 06.04.2011 (HEMANT GUPTA) Vimal JUDGE 2