Back
MOUSHUMI BHATTACHARYA
Rolta Infrastructure and Technology Services Private Limited – Appellant
Versus
Department of Information Technology and Electronics, Government of West Bengal – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The petitioner seeks stay of a notice dated 20th September, 2023 by way of the present application filed under section 9 of The Arbitration and Conciliation Act, 1996. The impugned notice was sent by the respondent revoking a Deed of Sub-Lease dated 4th July, 2008 by which the respondent granted 5 acres of land to the petitioner for 99 years.
2. The admitted facts brought to the notice of the Court are as follows.
3. The respondent granted the sub-lease of the land to the petitioner for construction of an IT/ITeS Project. The petitioner alleges that the respondent failed to provide power, water and sewage outlet by reason of which the petitioner was unable to complete the construction within the agreed time frame. The respondent, on the other hand, alleges that the petitioner failed to perform its contractual obligations. The respondent terminated the sub-lease on 20th September, 2023. The petitioner objected to the notice of termination by a letter dated 16th October, 2023. The respondent filed an application under the provisions of The West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 for evicting the petitioner from th
The Court affirmed the power of the Court under section 9 of The Arbitration and Conciliation Act, 1996 to grant interim measures for preservation of the subject matter of arbitration, and clarified ....
Immediate intention to refer the dispute to arbitration is a prerequisite for granting interim relief under Section 9 of the Arbitration and Conciliation Act.
Disputes between landlords and tenants governed by rent control legislation are non-arbitrable and must be addressed exclusively by statutory authorities.
The relief sought under Section 9 of the Arbitration Act must be in the nature of interim measures to protect the subject matter of the arbitration and cannot extend to permanent injunctions.
The main legal point established in the judgment is that disputes governed by the Transfer of Property Act are arbitrable, while those governed by rent control legislation are non-arbitrable and can ....
Interim injunction – Jurisdiction under Section 9 of Arbitration and Conciliation Act, 1996, is not an adjudicatory substitute for final determination of rights, but a supportive mechanism to facilit....
The collateral efficacy of an unregistered lease deed and the jurisdiction of the Commercial Court under Section 9 of the Act, 1996, as per the terms of the sub-lease agreement.
The determination of the Lease Agreement's nature and the establishment of a prima facie case for restraining the respondent from acting on the Termination Notice were central legal points in the jud....
The court reaffirmed that the existence of an arbitration agreement is sufficient for appointing an arbitrator, emphasizing minimal judicial interference in arbitration processes.
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
