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REGD.

AD/COURIER

Date : 05.03.2019

To

Genius Bug Education & Learning Private Limited,


5/198 Sunder Vihar,
Paschim Vihar,
Opposite Gursharan Convent,
Delhi – 110087

Also at:
First Floor, R-666,
New Rajinder Nagar,
Delhi - 110060

SUBJECT: Appointment of Arbitrator

Under instruction from and on behalf of our client Mr. Sunil Sachdeva, son of
Late Shri Ram Prakash Sachdeva, resident of 11-B/12, Pusa Road, New Delhi
– 110060 (hereinafter referred to as “our client”) we hereby serve upon you the
following notice:
1. That you noticee is a Private Limited Company having your registered
Office at 5/198 Sunder Vihar, Paschim Vihar, Opposite Gursharan
Convent, Delhi – 110087

2. That our client is the absolute owner of the Leasehold property no. R –
666, New Rajinder Nagar, New Delhi - 110060.

3. That you noticee approached our client to take space at the said property
being the first floor of the property R – 666, New Rajinder Nagar, New
Delhi - 110060 { herein after referred to as the ‘said space’}.

4. That upon the assurances so given by you Noticee to strictly abide by the
terms and conditions of the lease and to pay the maintenance charges
including charges for Electricity and Water etc. as detailed out in the
Lease deed dated 01.09.2016, our client leased the said space to you
Noticee.

5. That both the parties including our client and you Noticee specifically
agreed to the terms of the Lease Deed dated 01.09.2016. That the Clause
3 specifically and categorically provided “The period of this Lease Deed
shall be for four years, commencing from the 1st day of April, 2016 and
ending on the 31st day of March, 2020 with a “Lock-in-period” of 3 years
from the date of commencement of the Lease. Both the lessor and the lessee
can terminate the lease, if at all, only after the expiry of the said “Lock-in-
period” by giving a written Notice of 3 months. If the lessee vacates the
premises before the expiry of the “lock-in-period”, the lessee shall pay to
the lessor for the remaining “lock-in-period” while peacefully handing over
possession of the premises to the lessor”.
6. That you Noticee is in clear violation of the terms of the Lease Deed dated
01.09.2016 and has been using the said space without paying the
pending dues and the amount since 10.02.2017 and the same had been
intimated to you Noticee by our client vide legal notice dated 28.02.2019.

7. That even after several requests, you Noticee didn’t pay any herd and
refused to remit your lawful liability.

8. That hence it is crystal clear that you noticee has grossly breached the
terms & conditions of the Lease deed dated 01.09.2016 and committed a
willful default. Thus you noticee has created disputes which are required
to be referred for adjudication by the Arbitrator as per the terms of the
Clause 34 of Lease deed dated 01.09.2016 which clearly stated that, “In
the event of any dispute or differences arising out of or in relation to or in
connection with this Lease deed, etc., if at all, the same shall be referred to
a sole arbitrator to be nominated by the lessor, whose decision shall be
final and binding on both the parties. The venue of Arbitration shall be Delhi
and the arbitration proceedings shall be conducted in accordance with the
provisions of Indian Arbitration and Conciliation Act,1996. Notwithstanding
the pendency of the dispute before the arbitrator, the lessee shall continue
to pay the rent and other amounts payable so long as the premises is used
by the lessee”. Therefore, Our client invokes the said ‘arbitration clause’
to get the disputes arbitrated through Arbitration.

We hereby, inform you Noticee that since you Noticee has failed to comply
with the terms & conditions of the Lease deed dated 01.09.2016 and as
such our client is left with no other alternative but to invoke arbitration
and hereby appoint Shri Neeraj Kumar Gupta, (Former Additional
District Judge) as sole arbitrator, who will be conducting the arbitration
proceedings at Delhi to adjudicate upon the disputes as arose between
our client and you Noticee.

This shall be without prejudice to the rights of the our client to approach
appropriate Police Station to lodge a complaint of cheating and
misrepresentation and other offences punishable under Indian Penal
Code against you Noticee for which no further notice/intimation be issued
to you Noticee.

FOR INTELLECTIVE LAW OFFICES

ATTIN SHANKAR RASTOGI

P.S. Copy of this legal notice has been retained in our office for further
appropriate action.

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