WEWORK INDIA MANAGEMENT PVT. LTD. vs DIMPLE ENTERPRISES

Judgment text excerpt

Dimple v. WeWork - 13.CARBP.154.2022 - FINAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.154 OF 2022 WITH INTERIM APPLICATION NO.1557 OF 2022 IN COMMERCIAL ARBITRATION PETITION NO.154 OF 2022 Dimple Enterprises ....Petitioner/Applicant Versus Wework India Management Pvt. Ltd. ...Respondent WITH INTERIM APPLICATION NO.2950 OF 2021 IN COMMERCIAL ARBITRATION PETITION NO.107 OF 2021 Wework India Management Pvt. Ltd. ....Applicant Versus Dimple Enterprises ....Respondent Ms. Sneha Jaisingh a/w. Justin Bharucha, Akshay Ayush & Neeraja Barve i/b. Bharucha & Partners, Advocates for Petitioner. Mr. Viraj Parikh, Advocate for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : JULY 25, 2025 ORAL JUDGEMENT: Context and Factual Background: 1. Whether the declaration of law in Vidya Drolia1 about disputes under bilateral lease deeds being arbitrable, has no relevance for Digitally signed by AARTI AARTI GAJANAN 1 Vidya Drolia vs. Durga Trading Corporation – 2021 2 SCC 1 GAJANAN PALKAR Page 1 of 44 PALKAR Date: 2025.08.12 JULY 25, 2025 11:06:49 +0530 Aarti Palkar Dimple v. WeWork - 13.CARBP.154.2022 - FINAL.doc arbitrability of such disputes in Greater Mumbai is the key question raised in these proceedings. 2. This Petition is essentially an Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) challenging an order / award dated October 6, 2020 ( “Impugned Order”) passed by a Learned Arbitral Tribunal allowing an application under Section 16 of the Arbitration Act, holding that disputes and differences between the parties over a lease deed are not arbitrable. 3. The Petitioner, Dimple Enterprises, a partnership firm (“Dimple”) entered into a Lease Deed with WeWork India Manage