Back
D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Shinhan Bank – Appellant
Versus
Carol Info Services Limited – Respondent
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, CJI.
1. On 5 August 2011, the petitioner entered into a Leave and License agreement with the respondent for the use and occupation of office premises situated on the 4th Floor of the West Wing at Wockhardt Towers, C-2, Block G, Bandra Kurla Complex, Bandra (East), Mumbai-400051 for a period of five years. On the same day, an Amenities agreement was contemporaneously executed with the Leave and Licence agreement. Upon the expiry of the term of the Leave and License agreement, a fresh Leave and Licence agreement was executed between the petitioner and the respondent on 1 July 2016 for the continued use and occupation of the premises for a period of two years.
2. On 25 August 2016, the petitioner entered into an Amenities agreement with the respondent.
3. On 22 March 2017, the petitioner issued a notice of termination to the respondent stating that the Leave and Licence agreement and the Amenities agreement would stand terminated upon the expiry of the lock-in period, namely, on 1 July 2017.
4. The respondent replied to the termination notice on 30 March 2017. Asserting that the termination was not in accordance with the terms of the Leave and Licence
The main legal point established is that a reference to a document containing an arbitration clause can make the arbitration clause part of the contract, as per Section 7(5) of the Arbitration and Co....
The court affirmed that valid arbitration agreements empower arbitrators to decide issues of non-signatories, relying on the competence-competence principle under the Arbitration and Conciliation Act....
The main legal point established in the judgment is that the dispute over the refund of the security deposit and alleged damages and expenses for repairs was amenable to arbitration, and the exclusiv....
The main legal point established in the judgment is that the issue of the involvement of a third party and the entitlement to the refundable security deposit, in the context of arbitration, is to be ....
Disputes arising from leave and license agreements are non-arbitrable when governed by special legislation like the Maharashtra Rent Control Act, which establishes exclusive jurisdiction for resoluti....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
