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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Kuber Mart Global Hub Private Limited – Appellant
Versus
Kuber Mart Industries Private Limited – Respondent
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present petition, under Section 9 of theArbitration and Conciliation Act, 1996 [A&C Act] has been filed on behalf ofKuber Mart Global Hub Private Limited[The Petitioner] seeking interim measures, pending Arbitration. The prayer clause to the petition reads as follows:
“ln view of the above facts and circumstances of the case, it is most humbly prayed that this Hon’ble Court, may be pleased to: a. Pass an order directing tile Respondent to deposit an amount of INR 40 Crores (Indian Rupees Forty Crores Only), being the approximate value of the Leased Premises as of date;
b. Or in the alternative to prayer (a), pass an order directing the Respondent to forthwith handover the vacant and peaceful possession of the Leased Premises situated at Plot No. A-183, Prahladpura Industrial Area, Jaipur, Rajasthan, to the Petitioner;
c. Pass an order restraining the Respondent, its employees, servants, or agents from entering, occupying, or interfering with the Petitioner's possession or use of the Leased Premises;
d. Pass ex-parte ad interim reliefs in terms of prayers (a) to (c) above;
e. Pass such other and further orders as may be deemed just, fit a
Disputes between landlords and tenants governed by rent control legislation are non-arbitrable and must be addressed exclusively by statutory authorities.
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 ....
Disputes concerning rent recovery under a lease are arbitrable despite exclusivity claims under rent control laws, with jurisdiction vested in designated courts of Gurgaon and Chandigarh.
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.
The court ruled that interim relief under Section 17 of the Arbitration Act cannot effectively adjudicate final rights or impose substantial financial burdens without trial, emphasizing the importanc....
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