Dear Member,
I executed one leave and license agreement in 2011 for a period of 9 years. For which I duly deposited Rs. 1,50,000/- towards my security deposit. There was no lock in period. Now after four years due to my own reason I duly served termination notice of one month to the landlord and further inform him about my vacating date. Landlord duly accepted my termination letter. But on my vacating date the said landlord didn’t present and also resisted through his men and agent to remove my belongings from the said premises, which is equivalent to Rs. 3,00,000/-. Now our agreement having arbitration clause. I need to invoke arbitration clause. As per clause both the parties mutually decide the Arbitrator. Now my question is whether I can initiate the arbitration with my suggested arbitrator if the landlord do not reply against my letter? Can it will be treated as implied consent? Or I need to file section 11 application before High court for appointment of arbitrator? Please suggest.
