Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Act 1940: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration Act, 1940: s.8 - Photocopies of the lease agreement could be taken on record, u/s. 8 for ascertaining the existence of arbitration clause.Object of Act-Discussed. Constitution of India, 1950: Article 142 - Arbitration agreement - Suit for recovery of arrears of rent and ejectment of respondent-Corporation from demised premises - Respondent-Corporation seeking appointment of arbitrator in view of arbitration agreement - Rejected by District Judge - Writ petition allowed by High Court-Challenge against - Held, it is not a fit case to grant relief to appellant - Sansthan as claimed by it which is vehemently disputed by respondent-Corporation - Dispute raised by parties to be adjudicated by arbitrator on its own merit in accordance with law - Arbitration Act, 1940 - S.8(1). Article 142 - Power under - Scope and ambit of - Discussed. In November 1980, the respondent-Corporation took from the appellant-Sansthan an area measuring 14,925 sq. ft. on monthly rent under a lease agreement. In June 1981, the respondent-Corporation took an additional accommodation measuring 3000 sq.ft. area on monthly rent for setting up Office of its subsidiary company. The appellant-Sansthan filed suit for recovery of arrears of rent and ejectment of the respondent-Corporation from the demised premises. In the trial Court, the respondent-Corporation preferred two applications, i.e. one under s.8(1) of the Arbitration Act and second under Order XI Rule 14 CPC for summoning of the original lease deed from the appellant-Sansthan. The Additional District Judge rejected both the applications.The respondent-Corporation filed writ petition before the High Court. It was the specific case of the respondent-Corporation before the High Court that the original agreements are in the possession of the appellant-Sansthan, and it had placed on record the photocopies of the agreements along with an application under s.8(1) of the Arbitration Act. The High Court allowed the writ petition holding that the Trial Court has wrongly rejected the application under s.8 of the Arbitration Act as the subject-matter of the suit is arbitral with further direction to the Additional District Judge to refer the matter to .arbitration. Hence the present appeal. The appellant-Sansthan contended that this Court in exercise of its jurisdiction under Article 142 of the Constitution of India for doing complete justice to the appellant-Sansthan is empowered to pass an order of payment of arrears towards water and sewerage tax and payment of interest at the rate of 12% p.a. on the arrears of rent in terms of the agreement and that sending the matter at this stage to the Arbitrator will prolong the agony of the appellant-Sansthan in getting its legitimate claims settled as per the calculation statement submitted before this Court in terms of its interim orders. The respondent-Corporation contended that the balance amount of arrears of rent, payment of water and sewerage tax and the amount of interest as claimed by the appellant-Sansthan in its calculation statement cannot be decided by this Court in the absence of any satisfactory and tangible evidence appearing on record of this appeal and in terms of the clause of the Agreement, this Court will be slow in exercise of its jurisdiction under Article 142 of the Constitution of India as the parties are governed by the procedure of the Arbitration Act, which is speedy and less expensive for effective adjudication of the dispute in issue. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2007 INSC 875 |
Petitioner | Bharat Sewa Sansthan |
Respondent | U.p. Electronics Corporation Ltd. |
SCR | [2007] 9 S.C.R. 533 |
Judgement Date | 2007-08-29 |
Case Number | 2016 |
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