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VIDYA DROLIA & ORS. vs. DURGA TRADING CORPORATION

SCR Citation: [2019] 3 S.C.R. 465
Year/Volume: 2019/ Volume 3
Date of Judgment: 28 February 2019
Petitioner: VIDYA DROLIA & ORS.
Disposal Nature: Matter Referred to Larger Bench
Neutral Citation: 2019 INSC 290
Judgment Delivered by: Hon'ble Mr. Justice R.F. Nariman
Respondent: DURGA TRADING CORPORATION
Case Type: CIVIL APPEAL /2402/2019
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996 – s.11(6) – Dispute between landlord and tenant regarding determination of lease –Arbitrator appointed on petition filed by respondent-landlord –Appellant-tenant objected on arbitrability of the dispute by relying on Himangni Enterprises case wherein it was held that where the Transfer of Property Act applied between the landlord and tenant,disputes between them would not be arbitrable – Held: None of the provisions of the Transfer of Property Act were noticed by Himangni Enterprises case – In Himangni Enterprises case, it was held that the question involved was answered by decision in Natraj Studios case and Booz Allen case – However, perusal of decision in Natraj Studiosand Booz Allen showed that no such question was answered by these two decisions – Therefore, Himangni Enterprises case requires are look – In view of this, matter is referred to larger bench –Transfer of Property Act, 1882 – ss.111, 114 and 114A –Reference to larger bench – Landlord-tenant dispute.Words and Phrases: Expression ‘arbitrability’ – Meaning of,Discussed.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation Act
  • 1996
  • s.11(6)
  • landlord tenat dispute
  • arbitrability of the dispute
  • Reference to larger bench
5. Equivalent citation
    Citation(s) 2019 AIR 3498 = 2019 (4) SCALE 749