BHARAT SEWA SANSTHAN versus U.P. ELECTRONICS CORPORATION LTD.

BHARAT SEWA SANSTHAN versus U.P. ELECTRONICS CORPORATION LTD.

The Court held that photocopies of lease agreements are admissible to ascertain existence of arbitration clause under the Arbitration Act, 1940 and that disputes regarding arrears of rent, taxes, and interest claimed by appellant (and disputed by respondent) should be referred to arbitration; it is not a fit case for Supreme Court to grant relief under Article 142 as claimed by appellant.

Parties
Appellant: Bharat Sewa Sansthan; Respondent: U.P. Electronics Corporation Ltd.
Jurisdiction
India
Judgment Date
29 August 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment of High Court (writ Petition Allowed, Order Referring Matter to Arbitration)
Outcome
Appeal dismissed; High Court order affirmed; parties to bear own costs
Legal Topics
Existence of Arbitration Clause, Relief Under Article 142, Admissibility of Photocopies, Lease Agreements, Rent Arrears, Water and Sewerage Tax, Interest on Arrears
Arbitration Property Law Constitutional Law Existence of Arbitration Clause Relief Under Article 142 Admissibility of Photocopies Lease Agreements Rent Arrears +2 more

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Parties

Bharat Sewa Sansthan

Appellant

U.P. Electronics Corporation Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Final Judgment of High Court (writ Petition Allowed, Order Referring Matter to Arbitration)

Legal Issues

  1. 1 Whether photocopies of lease agreements may be taken on record to ascertain existence of arbitration clause under Section 8 of the Arbitration Act, 1940
  2. 2 Whether the Supreme Court should grant relief under Article 142 of the Constitution for payment of arrears, taxes, and interest contested between parties
  3. 3 Whether the relevant disputes are properly referable to arbitration

Ratio Decidendi

The Court held that photocopies of lease agreements are admissible to ascertain existence of arbitration clause under the Arbitration Act, 1940 and that disputes regarding arrears of rent, taxes, and interest claimed by appellant (and disputed by respondent) should be referred to arbitration; it is not a fit case for Supreme Court to grant relief under Article 142 as claimed by appellant.

Court Disposition

Appeal dismissed; High Court order affirmed; parties to bear own costs

Orders

  • Disputes between parties to be adjudicated by Arbitrator(s) on merits according to law
  • Photocopies of lease agreements admissible for existence of arbitration clause