Sangeeta Bhalla v. Union Of India & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 303/2016 SANGEETA BHALLA ..... Petitioner Through : Ms Sonia A. Menon, Advocate.

versus UNION OF INDIA & ANR.

..... Respondents Through : Mr Talish Ray, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.09.2016 1.

The petitioner has filed the present petition, inter alia, seeking appointment of an Arbitrator for adjudicating the disputes that are stated to have arisen in relation to the lease agreement dated 03/05.03.2010. 2.

The petitioner had issued a notice dated 31.03.2014 invoking the arbitration clause. The existence of the lease agreement dated 03/05.03.2014 is not in dispute. The fact that the petitioner had invoked the arbitration clause is also not in dispute. The only objection raised by the respondent is that the lease has expired and, therefore, it is contended that the arbitration clause has also perished. In my view, the said contention is not tenable. In terms of the arbitration clause, all disputes concerning the subject matter of the agreement otherwise arising in relation to the lease agreement were agreed to be referred to the Arbitrator. Thus, the petitioner would be entitled for adjudication of the disputes arising concerning or arising in relation to the lease agreement by an arbitrator.

3.

Accordingly, it is directed that an Arbitrator be appointed under the Rules of the Delhi International Arbitration Centre (DIAC). The

representatives of the parties shall appear before the Co-ordinator, DIAC on 17.10.2016 at 11.00 AM. The arbitration shall be conducted under the aegis of DIAC and in accordance with its Rules.

4.

The petition is disposed of.

VIBHU BAKHRU, J SEPTEMBER 23, 2016 RK