Supreme Court · 2020 INSC 711 · Decided 18 December 2020
Suresh Shah v. Hipad Technology India Private Limited
- Court
- Supreme Court of India
- Citation
- 2020 INSC 711 · [2020] 13 S.C.R. 821
- Case number
- ARBITRATION PETITION No. 08/2020
- Decided
- 18 December 2020
- Bench
- S.A. BOBDE, A.S. BOPANNA, V. RAMASUBRAMANIAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Arbitration
- Acts & sections cited
- Transfer of Property Act Section 111, 114, 114A; Rent Control Act
Headnote
Arbitration: Arbitrability of the dispute relating to lease/ tenancy agreements/deeds when such lease is governed by the Transfer of Property Act, 1882 - Held: When the disputes arise between the landlord and tenant with regard to determination of lease under the TP Act, possession of the leased property in a normal circumstance is required to institute a suit in the court which has jurisdiction - However, if the parties in the contract of lease have agreed upon the alternate mode of dispute resolution through arbitration, the landlord would be entitled
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