A A RESTAURANT AND HOTEL PVT LTD Vs. DWARIKAJEET RESTAURANT PVT LTD
LAWS(ALL)-2004-9-223
HIGH COURT OF ALLAHABAD
Decided on September 13,2004

A. AND A. RESTAURANT AND HOTEL PVT.LTD Appellant
VERSUS
DWARIKAJEET RESTAURANT PVT. LTD., KANPUR Respondents

JUDGEMENT

- (1.) This is an appeal under Section 37 (l)(b) of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the Act) at the instance of the objector, against whom an award by the Arbitral Tribunal has been passed.
(2.) The factual matrix of the case is that the parties entered into a registered lease agreement in respect of property No. 7/110-A Sarup Nagar, Kanpur. The said lease agreement is dated 15th February, 1999. It also contains an arbitration clause. The respondent is admittedly the lessor and the present appellant is the lessee of the aforesaid property. The dispute having arisen between the parties it was referred to Arbitral Tribunal of Shri Manish Agrawal. The Arbitral Tribunal by its award dated 4th August, 2000 ordered that the present appellant shall deliver the vacant possession of the premises in question i.e. 7/110-A to the present respondent and shall also pay the over due rent from January, 2000 up to 3rd August, 2000 amounting to Rs. 56.000/- along with the damages at the rate of Rs. 5000/- per day w.e.f. 1st September, 2000 till the actual date of delivery of the vacant possession of the accommodation in question. It also directs payment of electricity dues amounting to Rs. 2.85 lacs approximately and interest at the rate of 15% per annum etc.
(3.) The appellant filed objections u/S. 34 of the Act against the aforesaid award on 1st December, 2000 along with an application for condonation of delay in its filing. The delay was condoned by order dated 19th January, 2001 however, the objections preferred by the appellant has been dismissed by the Court below by the impugned order. Aggrieved against the aforesaid order, the present appeal has been filed.;


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