SURESH SHAH versus HIPAD TECHNOLOGY INDIA PRIVATE LIMITED

SURESH SHAH versus HIPAD TECHNOLOGY INDIA PRIVATE LIMITED

Where a lease/tenancy is governed by the Transfer of Property Act, disputes arising thereunder are arbitrable if the premises are not subject to a special Rent Act conferring statutory protection and exclusive jurisdiction on specified fora; Section 114 and 114A of the TP Act provide discretionary equitable relief but do not preclude arbitration, and therefore the petitioner was entitled to invoke the arbitration clause and have his nominated sole arbitrator appointed by the Court (Supreme Court in view of international commercial arbitration).

Parties
Petitioner: Suresh Shah; Respondent: Hipad Technology India Private Limited
Jurisdiction
India
Judgment Date
18 December 2020
Procedural Posture
Petition Under Section 11(5) of the Arbitration and Conciliation Act, 1996 for Appointment of Sole Arbitrator (arbitration Petition (civil) No. 08/2020) / Hearing Before the Supreme Court for Appointment of Arbitrator
Outcome
Arbitration petition allowed
Legal Topics
Arbitrability of Lease/tenancy Disputes, Appointment of Arbitrator, Forfeiture and Relief Against Forfeiture (ss.111, 114, 114 a TP Act), International Commercial Arbitration
Arbitration Transfer of Property Act, 1882 Rent Control Legislation Civil Procedure Arbitrability of Lease/tenancy Disputes Appointment of Arbitrator Forfeiture and Relief Against Forfeiture (ss.111,114,114 a TP Act) International Commercial Arbitration

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Parties

Suresh Shah

Petitioner

Hipad Technology India Private Limited

Respondent

Procedural Posture

Petition Under Section 11(5) of the Arbitration and Conciliation Act, 1996 for Appointment of Sole Arbitrator (arbitration Petition (civil) No. 08/2020) / Hearing Before the Supreme Court for Appointment of Arbitrator

Legal Issues

  1. 1 Whether disputes relating to lease governed by the Transfer of Property Act, 1882 are arbitrable
  2. 2 Whether disputes relating to tenancy governed by special Rent Acts are non-arbitrable
  3. 3 Whether Section 114 and 114A of the TP Act preclude arbitration of disputes concerning forfeiture and relief against forfeiture

Ratio Decidendi

Where a lease/tenancy is governed by the Transfer of Property Act, disputes arising thereunder are arbitrable if the premises are not subject to a special Rent Act conferring statutory protection and exclusive jurisdiction on specified fora; Section 114 and 114A of the TP Act provide discretionary equitable relief but do not preclude arbitration, and therefore the petitioner was entitled to invoke the arbitration clause and have his nominated sole arbitrator appointed by the Court (Supreme Court in view of international commercial arbitration).

Court Disposition

Arbitration petition allowed

Orders

  • Justice (Retired) Mukul Mudgal appointed as Sole Arbitrator to resolve the disputes between the parties
  • Arbitral fee to be payable as provided under the Fourth Schedule to the Arbitration and Conciliation Act, 1996