Case Law Details
Scholastic India Pvt. Ltd. & Anr. Vs Smt. Kanta Batra (Delhi High Court)
Held that insufficiency of evidence or material is not a ground for setting aside an arbitral award. Income tax return is material evidence to establish the claim.
Facts-
The respondent/lessor entered into a Lease Deed with the appellant/lessee. A fire broke out in the leased premises. The lessor commenced the repair of the premises. Lease was informed that construction will be completed soon. Post completion of construction, the lessee did not resume the possession of the premises and claims that the lease deed stood terminated.
The Lessor claimed that the lease was not terminated in accordance with the agreed terms. In any event, lessee was not entitled to terminate the lease during the lock-in period. Accordingly, lessor claimed lease rentals quantified at ₹44,49,450/-, which includes service tax as well as expenditure incurred on the air-cooling unit. In addition, the Lessor claimed an amount of ₹1,09,58,054/- on account of expenditure incurred in repairs of the said premises. The said claim is premised on the basis that fire had broken out on account of negligence on the part of lessee to maintain its electrical installation (computers).
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