High Court of DelhiO.M.P. (COMM)/92/2018

Sony India Pvt. Ltd. v. Ajit Singh Chadha

2018-07-30Hon'Ble Mr. Justice Navin Chawla2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 92/2018 & IA No. 2700/2018 SONY INDIA PVT. LTD.

..... Petitioner Through:

Mr.Gopal Jain, Sr.

Adv.

with Mr.Rahul Malhotra, Mr.Varun Garg & Mr.Chinmayee Chandra, Advs.

versus AJIT SINGH CHADHA ..... Respondent Through:

Mr.J.P. Sengh, Sr. Adv. with Mr.D.

Ashok Rajagopalan, Ms.Sana Ansari & Ms.Manisha Mehta, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 30.07.2018 This petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner challenging the Award dated 17.10.2017 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Lease Deed dated 08.06.2011 as renewed on 24.07.2014.

The only grievance of the petitioner is with respect to the direction of the Sole Arbitrator directing the petitioner to make payment of the lease rental to the respondent uptil May 2016.

After making detailed submissions, the learned senior counsel for the petitioner submits that the Award be modified to the limited extent that the petitioner is made liable to pay the lease rental till 31.12.2015. Though the learned senior counsel for the respondent had some reservations on the

same, he submits that if the payment of the awarded amount is made within a period of four weeks, he would have no objection to such modification of the Impugned Award.

With the consent of the parties, the Award is modified to the limited extent that the petitioner under Claim no. 1, 2 and 12 is held liable to pay the lease rental to the respondent till 31.12.2015. The other directions contained in the Impugned Award shall remain. The interest awarded under the Impugned Award shall be re-worked taking into account this modification of the Award. The amount liable to be paid under the Award as modified hereinabove, shall be paid by the petitioner to the respondent within a period of four weeks from today. Incase the amount as directed in this order is not paid, the Impugned Award shall be revived making the petitioner liable to make payment in terms thereof.

The petition is disposed of with the above direction and with no order as to cost.

NAVIN CHAWLA, J JULY 30, 2018/rv