Supreme Court of India
Vidya Drolia & Ors. v. Durga Trading Corporation
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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
Authorities it was built on
- 2008 National Insurance Co. Ltd. v. M/s. Boghara Polyfab Pvt. Ltd.
- 2017 M/s. Duro Felguera, S. A. v. M/s. Gangavaram Port Limited
- 2011 Booz-allen & Hamilton Inc. v. Sbi Home Finance Ltd. & Ors.
- 1975 Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke of Bombay & Ors.
- 1968 Dhulabhai and Others v. The State of Madhya Pradesh and Another
- 1981 Natraj Studios (p) Ltd. v. Navrang Studios & Anr.
- 1999 Olympus Superstructures Pvt. Ltd. v. Meena Vijay Khetan and Ors.
- 2017 Himangni Enterprises v. Kamaljeet Singh Ahluwalia
- 2016 Shri Vimal Kishor Shah & Ors. v. Mr. Jayesh Dinesh Shah & Ors.
- 1969 Praduman Kumar v. Virendra Goyal (dead) by L. Rs.
Where later benches applied it
- 2020 Suresh Shah v. Hipad Technology India Private Limited
- 2024 Sbi General Insurance Co. Ltd. v. Krish Spinning
Of those, 1 relied on · 1 referred to
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