Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE SATHI KUMAR SUKUMARA KURUP, J
AG Melco Techno Services Private Limited Formerly known as M/s.ETA Melco Techno Services Private Limited, Represented by its Director R. Kannan – Appellant
Versus
A. Mohammad Abdul Aziz S/o.t.m.k.a.ahmed Meeran – Respondent
ORDER :
(SATHI KUMAR SUKUMARA KURUP, J.)
This Civil Revision Petition is filed seeking to set aside the order dated 29.11.2019 passed by the learned XIII Assistant Judge, City Civil Court, Chennai in I.A. No. 5747 of 2018 in O.S. No. 5056 of 2017.
2. The Revision Petitioner is the Plaintiff, who has instituted the suit in O.S. No. 5056 of 2017 before the XIII Assistant Judge, City Civil Court, Chennai. The suit was filed for recovery of Rs.9,30,800/- together with interest at the rate of 18% per annum from the date of filing the plaint till realisation.
3. The Respondents are the owners of the flat bearing Door No.49, Old Door No.26, Mount Road, Saidapet measuring 3105 square feet. According to the Revision Petitioner-Plaintiff, a portion of the said property was given to the Revision Petitioner for lease on a monthly rent of Rs.1,84,000/- per month from 01.12.2015. At the time of being inducted as a tenant, the Revision Petitioner also paid Rs.14 lakhs towards advance. After taking possession of the premises, due to business re-structuring, the Plaintiff sent a letter dated 08.10.2016 expressing their intention to vacate the premises by 31.12.2016. However, the Respondents, by reply d
An arbitration agreement in an unregistered and unstamped lease is not void; issues of stamping must be resolved by the arbitral tribunal, not the civil court.
Courts should minimize intervention in arbitration until awards are pronounced, only assessing arbitrability when objections about document validity arise under the Arbitration Act.
The Supreme Court clarified that unregistered arbitration agreements are not void and emphasized the Referral Court's limited role regarding the enforceability of such agreements.
Non-payment of stamp duty on the substantive contract does not invalidate the arbitration agreement.
An arbitration agreement within a lease deed remains enforceable even if the deed is unregistered, reflecting the separability doctrine.
(1) Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act – Such agreements are not rendered void or void ab initio or unenforcea....
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
