In Brief
Black Pearl Hotels entered into a "Conducting Agreement" with Planet M. Retail Ltd allowing the respondent to operate a retail shop from the premises. When disputes arose, Black Pearl sought arbitration under the Arbitration and Conciliation Act, 1996. The High Court Judge delegated to the Registrar the task of determining whether the agreement was a lease or licence and whether it was properly stamped. The Supreme Court held that determining the nature and character of a disputed document is a judicial function that cannot be delegated. The Court remitted the matter to the High Court requiring the Judge to personally determine the document's nature and character before proceeding with the arbitration appointment."
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