Supreme Court of India

Vidya Drolia & Ors. v. Durga Trading Corporation

Neutral citation
Reported as [2019] 3 S.C.R. 465
Bench R. F . Nariman and Vineet Saran JJ.
Decided 28 February 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that both by reason of S. 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and by reason of the broader considerations of public policy mentioned by us earlier and also in Deccan Merchants Co-operative Bank Ltd. v.

Judgment, page 14

From the headnote

Arbitration and Conciliation Act, 1996 – s.1 1(6) – Dispute between landlor d and tenant r egarding determination of lease – Arbitrator appointed on petition filed by r espondent-landlor d – Appellant-tenant objected on arbitrability of the dispute by r elying on Himangni Enterprises case wher ein it was held that wher e the Transfer of Pr operty Act applied between the landlor d and tenant, disputes between them would not be arbitrable – Held: None of the provisions of the T ransfer of Pr operty Act were noticed by Himangni Enterprises case – In Himangni Enterprises case, it was held that

Where later benches applied it

Of those, 1 relied on · 1 referred to

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.