C. V. KARTHIKEYAN
T. G. Boobalakrishnan – Appellant
Versus
Truliv Properties and Services Private Limited – Respondent
ORDER :
(Prayer: The original petition had been filed taking advantage of Section 11 (4) of Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to render an award on the disputes between the petitioners and the respondents pursuant to alleged breaches and violations of the lease agreement dated 10.01.2020.)
The original petition had been filed taking advantage of Section 11 (4) of Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to render an award on the disputes between the petitioners and the respondents pursuant to alleged breaches and violations of the lease agreement dated 10.01.2020.
2. It had been stated in the petition that the petitioners are the absolute owners of the premises Old No.64/1 and New Door No.103 Ramanayakkan Street, Nungambakkam, Chennai - 600 034.
3. The said premises had been leased out to the respondent company. The first respondent through the second and third respondents had entered into the lease agreement on 10.01.2020. The period of lease was for three three years. The lease amount had not been registered. The respondents had taken the premises on lease for residential purpose. The monthly rent was agre
S. Muruganandam & Ors. Vs. J.Joseph & Ors.
Suresh Shah Vs. Hipad Technology India Pvt. Ltd.
Unregistered lease disputes are non-arbitrable and must be brought before the Competent Civil Court.
When a pre-existing special mechanism is present for the adjudication of a specific type of dispute, it is not desirable to resort to other common methods. The special mechanism has been specifically....
An arbitration agreement within a lease deed remains enforceable even if the deed is unregistered, reflecting the separability doctrine.
The court reaffirmed that the existence of an arbitration agreement is sufficient for appointing an arbitrator, emphasizing minimal judicial interference in arbitration processes.
Non-signatories or third-parties to arbitral agreements can be referred to arbitration in exceptional cases which fall within the touchstone of Court-laid precedents, especially when there is a commo....
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