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HIMANGNI ENTERPRISES vs. KAMALJEET SINGH AHLUWALIA

SCR Citation: [2017] 10 S.C.R. 139
Year/Volume: 2017/ Volume 10
Date of Judgment: 12 October 2017
Petitioner: HIMANGNI ENTERPRISES
Disposal Nature: Appeal Dismissed
Neutral Citation: 2017 INSC 1038
Judgment Delivered by: Hon'ble Mr. Justice Abhay Manohar Sapre
Respondent: KAMALJEET SINGH AHLUWALIA
Case Type: CIVIL APPEAL /16850/2017
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996: s.8 - Application under - Jn a pending suit for eviction of premises in question leased out to the defendant - Defendant's  application u/s. 8 rejected by courts below - On appeal, held: The issue i.e. eviction and tenancy since governed by special statute, is not arbitrable - Therefore, application u/s. 8 was rightly rejected and suit filed by the landlord was maintainable - Even to the premises. to which the Rent Act is not applicable, Arbitration Act is not .  applicable - Delhi Rent Act, I 955 - s.3.

2. Case referred
3. Act
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4. Keyword
  • Arbitration and Conciliation Act
  • 1996: s.8 - Application under - Jn a pending suit for eviction of premises in question leased out to the defendant
5. Equivalent citation
    Citation(s) 2017 AIR 5137 = 2017 (10) SCC 706 = 2017 (10) Suppl. SCC 706 = 2017 (10) JT 75 = 2017 (10) Suppl. JT 75 = 2017 (12) SCALE 565