M. BAB Vs. EAST INDIA TECHNOLOGY PVT LTD.

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:-

(2.) The petitioner and the respondent had entered into a Lease Deed dtd. 18/2/2020 which is governed by an Arbitration in terms of Clause 13 of the registered Lease Deed, which is extracted hereunder for easy reference:

(3.) There being certain disputes between the petitioner and the respondent, the petitioner invoked Arbitration Clause vide its notice 23/10/2021 at Annexure-M to appoint a retired Judge of this Court as an Arbitrator, the same was replied to by the respondent on 10/11/2021 contending that the claims raised by the petitioner are not bonafide and are not arbitrable and that they are not agreeable to the nominee appointed by the petitioner. The only contention which has been raised in the said reply is that the claim of the petitioner is relatable to action of the third party namely Bengaluru Electricity Supply Company Ltd., and therefore any claim of the petitioner is not arbitrable in terms of the agreement between the parties.