Elante Mall, Chandigarh. (File)The owner of Chandigarh’s Elante Mall, CSJ Infrastructure Private Limited, has filed an arbitration petition against Ayaan Food Court and its owner before a commercial Court, seeking to restrain the respondent firm (Ayaan Food) from subleasing the premises of Elante Mall. The Court directed the food court owner to not sublet the premises and told the mall to no longer disturb the possession of the tenant.
The petition has been filed under Section 9 of Arbitration and Conciliation Act, 1996 which came up for hearing before Jaibir Singh, ADJ Chandigarh.
The complainant, through counsels Akshay Mittal, Yogesh Mittal and Himanshu Gupta, contended that the food court owner is not entitled to sublease any further portion of the premises after the expiry of the lease deed.
The counsels relied upon the terms and conditions of the lease deed to contend that the lease of the sub-lessees could not have been beyond the lease period of the respondent.
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The counsels for Ayaan food and its owner, while opposing the plea of the petitioner, argued before the Court that since the lease agreement expired on March 31, 2022, there is no agreement subsisting as per which the matter can be said as arbitrable.
The counsel for the petitioner argued that the petitioner shall take possession of the premises in question only in due course of law and not by way of force.
The Court, after hearing the matter, said that the parties should not be allowed to disturb the status quo qua the possession of the premises in question.
“The respondents shall not further sublet the premises in question and the petitioner shall not disturb the possession of the tenant and sub-tenants existing as of today”, read the order of the Court.
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