In Brief
Two restaurant/bar premises were leased by the respondents to the appellant, who later disputed liability for rent during COVID-19 lockdowns (March 2020–December 2021), invoking the force majeure clause. The Arbitral Tribunal ordered the lessee to deposit 100% of arrears; the High Court upheld this. The Supreme Court partly allowed the appeal, holding that while rentals for periods of partial closure must be deposited, rentals for periods of complete lockdown (22.03.2020–09.09.2020 and 19.04.2021–28.06.2021) cannot be mandated as an interim measure, as the force majeure claim remains seriously disputed and unadjudicated. The Tribunal must finally determine applicability of the force majeure clause.
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