Brief facts of the case are that Appellants and the
Respondent entered into a lease agreement styled as “Railway
Siding Lease Agreement (“Agreement”) whereby, the land in hold of
the Appellants from various sources situated at railway siding
(PSNS14322913) known as railway siding at Dagori was leased
out to the Respondent. The lease deed was executed on 10th day
of May, 2023 and in the said lease deed, the period of term of the
lease was for 3 years and the same was effective from 01.07.2023.
The lease rent was fixed Rs.30 lacs per month and the said lease
was to terminate on 30.06.2026. Obligations were imposed on
both landlord and tenant by the agreement and the dispute arose
when the tenancy was terminated by final termination notice dated
19.08.2023 which specify that the termination will come into effect
from 31.08.2023. Since the lease agreement contained an
arbitration clause, the Respondent resorted to a Petition before the
Commercial Court under Section 9 of the Arbitration and
Conciliation Act, 1996 (for short ‘the Act of 1996’). The Commercial
Court, by its order dated 07.09.2023, passed the impugned order
(Annexure A-1) wherein, it was ordered that the effect of
termination of lease deed shall remain stayed till the validity of
termination is decided by the Arbitral Tribunal to be constituted
3 under Clause-15 of the lease deed. Being aggrieved by such
order, the present Appeal.
