- (1.) This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, the Act) for appointment of an Arbitrator. Execution of lease deed between the parties, leasing out property No.299 Phase II, Udyog Vihar, Gurgaon by the petitioners to the respondent is not in dispute. It is also not disputed that the said lease deed provides settlement of dispute through arbitration.
(2.) Clauses 16 and 17 of the lease deed read as under:- "16. Arbitration Clause: All disputes or differences whatsoever which shall be at any time hereinafter (whether during the continuance and in force of this agreement or upon or after it discharges or determination) arise between the parties hereto or their respective successors in title and assign touching or concerning this agreement or its interpretation of effect or as the rights duties and liabilities of the parties hereto or either of them under or by virtue of this agreement shall be in accordance with the subject to the provisions for the Arbitration and Conciliation Act, 1996 or any Statutory modification or reenactment thereof for the time being in force be referred to an independent Arbitrator whose decision in the matter shall be final and binding on the parties hereto. 17. Jurisdiction of Courts of Delhi: All disputes between the parties will be settled within the jurisdiction of the Courts in Delhi."
(3.) For non payment of lease amount, ejectment application was filed before the competent Court at Gurgaon by the petitioners. The said application was opposed by the respondent by filing an application that in view of arbitration clause, let the matter be referred to an Arbitrator and proceedings be stayed in view of the provision of Section 8 of the Act. Objection raised by the respondent was upheld and the application was allowed by the Rent Controller on 1.12.2011. It was ordered that let the Arbitrator be appointed.;