FATEH DEEP SINGH,J. - (1.) The matter has been taken up through video-conferencing on account of outbreak of pandemic COVID19.
(2.) Premises by way of commercial building known as "AIHP Horizon" is owned by one company Segrow Bio Technics ( India) Private Limited for the purposes of carrying out business relating to IT/ITES and (hereinafter to be called as 'the Principal Lessor' ) and who sub leased it to M/s Affordable Infrastructure and Housing Projects Pvt. Ltd. (hereinafter referred as 'the petitioner' ) and who further in terms of this lease let out the premises (comprising of 7045 square feet of premises on the 4th floor) to M/s AEC Digital Studio Pvt. Ltd (hereinafter to be referred as 'the respondent' ) on the basis of unregistered sub-lease dated 06th February 2018 wherein terms and conditions of this letting out was enumerated. It is worthwhile to mention here that for the maintenance and services, another agreement was executed by the present respondent with one M/s IFS (Innovative Facility Solutions Private Limited (hereinafter to be referred as 'the service provider' ) and the present petitioner for the upkeep of the premises. The sub-lease so executed had a mandatory lock-in initial period of three years commencing from 06.02.2018 till February 2021. By virtue of this sub-lease the said sub-lessee respondent was under obligation to pay for this office space rent @ Rs. 71/- per square feet totalling to Rs.5,00,195/- per month plus all additional taxes so applicable besides payment of monthly maintenance charges in terms of the maintenance agreement so executed between the parties as detailed above. During the course of sub-lease a dispute arose between the petitioner and the respondent and in consequence of this, the petitioner filed instant petition under Section 11(6) of the Arbitration and Conciliation Act 1996 (in short 'the Act' ) for appointment of Arbitrator for the dispute resolution provided in the sub-lease in terms of clause 9 of the same. The primary grouse of the petitioner is that they had to incur great costs in making the premises suitable for the needs and desires of the respondent as office space so provided was tailor made from dedicated architects, interior designers, workmen and installation staff so as to promote the nature of its customer's business together with uninterrupted water, power supply and parking business facilities etc.
(3.) The petitioner claimed that the respondent has come under financial distress and operations have come to standstill and after March 2020 had failed to pay the dues. Thus, in the light of the same had prayed for appointment of an Arbitral Tribunal in terms of the conditions enshrined in sub-lease.;