Supreme Court · 2019 INSC 290 · Decided 28 February 2019

Vidya Drolia & ORS. v. Durga Trading Corporation

Court
Supreme Court of India
Citation
2019 INSC 290 · [2019] 3 S.C.R. 465
Case number
CIVIL APPEAL No. 2402/2019
Decided
28 February 2019
Bench
R.F. NARIMAN, VINEET SARAN (2-judge bench)
Outcome
Matter referred to larger bench
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 111, 114, 114A; Arbitration Act Section 11(6); Rent Control Act

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 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

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