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VIBHU BAKHRU, AMIT MAHAJAN
Unique Decor (india) Pvt. Ltd. – Appellant
Versus
Synchronized Supply Systems Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J.
Introduction
1. Unique Dicor (India) Pvt. Ltd. - a company incorporated under the Companies Act, 1956 - has filed the present appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 24.02.2023 (hereafter `the impugned order') passed by the learned Commercial Court, whereby the appellant's application under Section 8 of the A&C Act, in a suit for recovery filed by the respondent, Synchronised Supply Systems Ltd., bearing no. C.S. (Comm) 150/2020, was rejected.
Factual Context
2. The appellant/defendant is the owner of a property/warehouse situated at SP 1-31, RIICO Industrial Area, Neemrana, Rajasthan (hereafter `the Demised Premises'). The parties entered into an agreement for the purpose of leasing out the property to the respondent and, in this regard, executed a rent agreement dated 01.07.2017 (hereafter `the Rent Agreement').
3. The Rent Agreement provided that the lease period for the Demised Premises would be for the period of one year, from 01.08.2017 to 31.07.2018, subject to further renewal on a yearly basis. In terms of the Rent Agreement, the respondent/plaintiff also agreed
The main legal point established in the judgment is that for rejection of a Section 8 application, a party has to make out a prima facie case of non-existence of a valid arbitration agreement. When i....
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....
Arbitration agreements under the Arbitration & Conciliation Act remain valid and binding despite exclusive jurisdiction claims by special statutes like the Presidency Small Cause Courts Act.
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