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INDIRA BANERJEE, C. T. RAVIKUMAR
Brij Raj Oberoi – Appellant
Versus
Secretary, Tourism and Civil Aviation Department – Respondent
JUDGMENT :
Indira Banerjee, J.
Leave granted.
2. These appeals are against a common judgment and final order dated 18th November 2021 passed by the High Court of Sikkim at Gangtok allowing Arbitration Appeal No.02 of 2021 filed by the Respondents, setting aside the impugned order dated 31st May 2021 passed by the Commercial Court on an application of the Appellant under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as “the 1996 Act”, and also dismissing Arbitration Petition No. 02 of 2021 filed by the Appellant under Section 11 of the 1996 Act for appointment of an Arbitrator.
3. The State of Sikkim, impleaded as Respondent No.2 in this appeal, is the absolute owner of the property bearing Plot No.309, Paljor Stadium Road, Gangtok, East Sikkim, known as Norkhill Hotel, hereinafter referred to as the ‘said property’ along with its land, buildings, annexe, servants quarters and garages.
4. By a registered deed of lease dated 9th December 1997, the Respondent State leased out the said property to the Appellant on terms and conditions stipulated in the said deed of lease. Some of the terms and conditions of the Deed of Lease are set out hereinbelow for con
(1) Dispute arising out of non-renewal of lease is clearly arbitrable – Arbitration clause cannot be rendered otiose by refusal of Respondent State to renew lease.(2) Clauses in a lease deed cannot b....
A lease renewal requires an accepted proposal for arbitration; without acceptance, no arbitrable disputes exist, undermining the basis for court intervention.
The main legal point established in the judgment is that for a stipulation to be considered an arbitration agreement under Section 8 of the Arbitration and Conciliation Act, 1996, it must fulfill the....
The arbitrator must address allegations of fraud and collusion affecting the enforceability of a contract; failure to do so results in an award being set aside for patent illegality.
The disputes regarding recovery of lease amount were found to be arbitrable and did not fall under the exclusive jurisdiction of the Rent Controller.
The disputes related to premature termination of leases and non-payment of rent were found to be arbitrable, and the claims for recovery of arrears of lease amount did not fall under the Rent Act, 19....
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