Mr Navin Kohli v. Fiitjee Limited & Ors.
Case brief
What is this about?
O.M.P.(I) (COMM.) 125/2025; High Court of Delhi; Justice Jyoti Singh; order dated 14.08.2025; Section 9 Arbitration and Conciliation Act 1996 interim measures; Sections 12 and 17 of 1996 Act; Fourth Schedule arbitrator fees; appointment of former Judge G.S. Sistani as sole Arbitrator by joint proposal of parties; undisputed arbitration agreement in Lease Deed dated 10.09.2015; invocation notice by Respondents; commercial lease terminated 22.02.2025; arrears of rent; use and occupation charges and penalties Rs. 89,44,216 (22.02.2025 to 04.04.2025); without-prejudice payment of Rs. 40 lacs/lakhs by cheque dated 14.08.2025 drawn on ICICI Bank Nehru Place Branch; FIITJEE Limited & Ors.; Navin Kohli; petition treated as Section 17 application; no opinion on merits; rights and contentions left open; digital record to Arbitrator within one week.
What did the court decide?
Petition disposed of on the parties' agreement: Respondents paid Rs. 40 lakhs by way of a cheque (dated 14.08.2025, drawn on ICICI Bank, Nehru Place Branch) to the Petitioner, without prejudice to their respective rights and contentions; remaining disputes over termination of the lease and arrears of rent etc. left for decision by the Arbitrator; Mr. Justice G.S. Sistani, former Judge of this Court, appointed sole Arbitrator (fee per Fourth Schedule; disclosure under Section 12 before entering upon reference); petition to be treated as an application under Section 17 of the 1996 Act; Court expressed no opinion on merits.