In a civil miscellaneous arbitration application, the court allowed the issue of notice to the respondents returnable at an early date.
Notice issued to the respondents returnable at an early date.
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Court No. - 5
Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 35 of 2024
Applicant :- Alankrita Roy And Another Opposite Party :- M/S Spencers Retail Limited, Thru. General Manager Counsel for Applicant :- Anuj Kudesia,Anurag Tyagi
Hon'ble Rajnish Kumar,J.
Sri Anuj Kudesia, learned counsel for the applicants submits that the applicants had executed a lease deed on 01.12.2015 in favour of the respondent, which contains the arbitration clause in Clause 41. He further submits that in pursuance of the aforesaid lease deed, the applicants and respondents had entered into an Attorment Deed on 01.08.2017 with a third party and the terms and conditions of lease deed were adopted in the same. The respondent has vacated the premises but has not paid the rent, therefore on account of the dispute, the applicants had given a notice invoking the arbitration clause on 01.08.2023 and also proposing the name of the arbitrator in the same. Reply to the notice was given by the respondents on 28.08.2023 denying the same. Therefore the applicants have to approach this Court.
The matter requires consideration.
Issue notice to the respondents returnable at an early date.
Steps to be taken within a week.
List with service report.
Order Date :- 8.5.2024 Akanksha
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether notice should be issued in the application for arbitration.
Alankrita Roy
Spencers Retail Limited
Rajnesh Kumar
As recorded by the court registry
4 orders share this CNR
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