V. Ramasubramanian JUDGMENT
A.S. Bopanna, J.
1. The Petitioner has instituted this petition Under Section 11(5) of the Arbitration and Conciliation Act, 1996 ('Act, 1996' for short) seeking appointment of a Sole Arbitrator for resolving the disputes that have arisen between the parties in relation to the Sub-Lease deed dated 14.11.2018.
2. The property bearing No. 154-B, Block 'A' Sector 63, Phase-III, NOIDA, Gautam Budh Nagar, U.P. having been initially allotted and leased by New Okhla Industrial Development Authority ('NOIDA' for short) under a Lease dated 26.03.2003 had changed hands and the lease was ultimately transferred in favour of the Petitioner under a Transfer Memorandum dated 13.04.2011.
3. The Petitioner thus having acquired absolute long-term leasehold right of the land and building referred supra has Sub-Leased the same to the Respondent under the Sub-Lease Deed dated 14.11.2018. In respect of the Sub-Lease entered into between the parties, certain disputes are stated to have arisen which is to be resolved. Since the Sub-Lease Deed provides for resolution of the disputes through arbitration vide Clause 12 thereof the Petitioner invoked the same by issuing a notice dated 11.12.2019, nominated the Sole Arbitrator and sought concurrence from the Respondent. The Respondent did not respond to the same. The Petitioner is, therefore, before this Court seeking appointment of the Arbitrator.
4. Notice of this petition was ordered to the Respondent on 02.03.2020. Despite service, the Respondent has not chosen to appear and oppose this petition. In that light we have heard Mr. Vikas Dhawan, learned Counsel for the Petitioner and perused the petition papers.
5. The parties to the petition have entered into a Sub-Lease Deed dated 14.11.2018 whereunder the terms of lease have been agreed to between the parties. In respect of the terms and conditions agreed under the Sub-Lease Deed certain disputes have arisen between the parties. In the Deed the parties have agreed that the disputes arising out of the same shall be resolved through Arbitration. The Clause thereto reads as hereunder:
12.1 All disputes, differences or disagreements arising out of, in connection with or in relation to this Sub-Lease Deed, including w.r.t. its interpretation, performance, termination, in the first instance shall be endeavored to be settled through good faith mutual discussions between the officials of the Sub-Lessor and the Sub-Lessee.
12.2 If no settlement can be reached through such discussions between the Parties within a period of 21 (twenty one) days, then all such unresolved disputes, differences or disagreements shall be finally decided through arbitration, to be held in accordance with the provisions of the Arbitration & Conciliation Act, 1996. The venue of arbitration shall be New Delhi and the language of such arbitration shall be English.
12.3 The Arbitral Tribunal shall consist of a sole arbitrator to be mutually agreed by the Parties. In the event of any disagreement regarding the appointment of the sole arbitrator, the same shall only and exclusively be appointed by the Hon'ble High Court of Delhi at New Delhi. The arbitral award