9911796707
TMI Blog2024 (8) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... es. It appears that the respondent delays in payment of rent. Owing to the fact that the respondent has delayed in such payment, a notice regarding termination of lease is communicated to the respondent. On expiry of 3 months notice period, the lease deed is deemed to have been terminated on the respondent's failure to cure the breach that was projected in the notice of termination. This resulted in arbitration proceedings initiated before the Arbitrator in terms of the lease deed entered into between the parties. 4. The learned Arbitrator in A.C. No. 207 of 2022 arbitrates the dispute between March 2022 and September, 2023. An award is then passed by the learned Arbitrator on 9-10-2023 rejecting all the claims of the respondent and allowing the counter claim for arrears of rent, damages and return of vacant possession of the schedule property to the petitioner. It is averred in the petition that the petitioner was handed over vacant possession of the schedule property by delivering the keys to it on 11-10-2023, which is countered by the respondent contending that it has not delivered the schedule property. The respondent then files a petition before the Commercial Court in Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders in accordance with law. 7. Per-contra, the learned counsel appearing for the respondent would vehemently refute the submissions to contend that not only the respondent is the lessee but it has sub-let the property to another entity which is still in possession of the property. It is claimed that the learned Arbitrator has erred in granting all the reliefs to the petitioner in terms of the arbitral award and has directed delivery of vacant possession of the property. It is her submission that the respondent never delivered vacant possession of the property and the sub-lessee is in possession of the property. A story is twined that the watchman of the respondent delivered keys of the premises and, therefore, the story cannot be believed and what the concerned Court has passed does not warrant any interference. She would contend that the respondent has every right in law to seek advancement of the case, more so, in the light of the fact that a crime comes to be registered against the respondent. Therefore, advancement was sought. The petitioner was completely heard and then orders are passed. In this view of the matter, the order does not warrant any interference is what the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The office of this Centre will have to furnish to the respondent the Memorandum with regard to the fee paid to the Arbitrator and the miscellaneous and administrative expenses paid to the Centre by the respondent herein, as its share, so that the same can be recovered by the respondent from the claimant. (g) The amount paid by the Respondent including the amount deposited in A.A. No. 127 of 2021 and the security amount, if any, to be refunded to the claimant be first adjusted towards the interest due as on the relevant date/s and then towards the cost awarded by this Tribunal and then towards the remaining amount payable by the claimant. (ii) The stamp duty is payable as per Karnataka Stamp Act, 1957." The petitioner being aggrieved by the arbitral award files an arbitration appeal invoking Section 34 of the Act before the Commercial Court in Commercial Arbitration No. 155 of 2023. The concerned Court hears the matter on 13-10-2023 and passes the following order: "No urgency made out for an interim order and that apart as per office note caveat filed is enclosed and at this stage Sri SNC for respondent present before Court prays to take notice and file memo of appearance for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bjections so filed. The contention of the petitioner is also noted by the concerned Court in the following paragraph: "14. The learned counsel appearing for the respondent submitted that the application I.A. No. 2 has become infructuous. The petitioner security guard has handed over vacant possession of the premises to the respondent. He is in possession of the property. There is valid termination of lease and he has highlighted the portion of the Award against the petitioner. The applications for injunction is not maintainable. The stay cannot be granted without deposit entire award amount. The petitioner has not complied the requirement. Therefore, the prayer of the petitioner to say the award and injunction as prayed for cannot be granted. The petitioner has not established the prima facie case. There is a valid termination of tenancy and award holds the same and award the amount to the respondent. The stay cannot be granted and injunction cannot be granted in favour of the petitioner. Therefore, prayed to dismiss the applications." Therefore, it is not a case where the matter was not heard. Taking of possession by the petitioner in the manner in which it is projected require ..... X X X X Extracts X X X X X X X X Extracts X X X X
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