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Supreme Court of India 2020-12-18 allowed

Suresh Shah vs Hipad Technology India Private Limited

Bench: 3 — <UNKNOWN>

In Brief

The petitioner sought appointment of a sole arbitrator under an arbitration clause in a sub-lease deed to resolve disputes regarding lease termination and eviction. The Supreme Court held that lease and eviction disputes are arbitrable when the property is not subject to statutory tenancy protection laws that confine jurisdiction to specified courts. Since the property here fell outside such protective statutes and the parties had agreed to arbitrate, the dispute was arbitrable. As the respondent did not oppose the proposed arbitrator, the Court appointed him and allowed the petition.

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Arbitration Tenancy Law Non-Arbitrable Disputes Transfer of Property Act Lease Agreements Eviction

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