Amit Rawal, J. - (1.) The appellant is aggrieved of the order, whereby the petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 1996 Act ) has been allowed during the pendency of the arbitration proceedings.
(2.) Mr. V.K. Jain, learned Senior Counsel assisted by Mr. J.L. Malhotra, Advocate, appearing on behalf of the appellant, in support of his contentions, has raised manifold arguments, which are enumerated herein below:-
(3.) He submits that as per the lease agreement dated 12.9.2002 industrial property bearing No. 299, Phase-II, Udyog Vihar, Gurgaon having plot area measuring about 2100 sq.meters with construction was rented out on a rent of Rs. 6,50,000/-, to be payable on or before the 7th day of each calendar month. A sum of Rs. 40.00 lacs as interest free security was also deposited by the appellant, to be refunded upon expiry or earlier termination of the lease. The monthly rent was to increase by 20% after every three years and it was inclusive of property tax, but exclusive of electricity, water, maintenance and service tax or any other charges. Upto September, 2008, the appellant paid the contractual rate of Rs. 7,80,000/- per month. For the month of October, 2008 the rent was worked upto 15.10.2008 @ Rs. 7,80,000/- per month and thereafter for remaining half, it was @ Rs. 9,36,000/- per month at the increased rate. The appellant made the payment of Rs. 8,58,000/- for the month of October, 2008.;