Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 Appointment of arbitrator Estate Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996 s.11(6) —Appointment of arbitrator - Agreement between the appellant running amusement park and ITPO for allotment of land on licence basis — As per clause 28 of the agreement, any dispute arising out of or in connection with the agreement was to be referred to sole arbitration of the Chairman of ITPO or his nominee whose decision/award shall be final — After expiry of licence period, ITPO issued a notice u/s.4A of PP (E of U O) Act, 1971 to the appellant to evict from the land of its unauthorised occupation — Application for arbitration filed by appellant — Estate Officer rejected the application on the ground that after expiry of licence period, appellant-became unauthorised occupant and there was no dispute between parties that could be agitated as raised by appellant and that the Estate Officer exercises his jurisdiction as provided under the provisions of PP Act — Held: s.2(3) of Arbitration Act. protects the existing laws, both common law as well as Statutory law under which some disputes cannot be made subject matter of arbitration — s.15 r/w s.5 and 7 of PP Act confers exclusive jurisdiction on the Estate Officer appointed u/s.3 of PP Act to deal with the application that is filed by (IPO to evict unauthorised occupants from public premises — s.15 further bars and prohibits any court from entertaining any suit or proceeding for eviction from the premises as provided u/clauses (a) to (e) of s.15 — In view thereof, clause 28 in the licence agreement is not an arbitration agreement between the parties - Therefore, the appointment of an arbitrator by the nominee of the Chief Justice-was rightly rejected by High Court — Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - ss.2(3), 3, 5and 15. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 877 |
Petitioner | International Amusement Limited |
Respondent | India Trade Promotion Organisation &anr. |
SCR | [2014] 13 S.C.R. 1281 |
Judgement Date | 2014-12-17 |
Case Number | 11474 |
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