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july 2011

Supreme Court of India · 2011-07-20

M/S SMS TEA ESTATES P.LTD. vs M/S CHANDMARI TEA CO.P.LTD.

Citation / case number
SC 2010/25813
Court
Supreme Court of India
Petitioner
M/S SMS TEA ESTATES P.LTD.
Respondent
M/S CHANDMARI TEA CO.P.LTD.
Author
R.V.RAVEENDRAN
Bench
R.V. RAVEENDRAN,A.K. PATNAIK, , ,

Judgment text excerpt

The Supreme Court held that an unregistered lease deed for a term exceeding one year is invalid under Section 107 of the Transfer of Property Act, 1882, and Section 17 of the Registration Act, 1908. The Court ruled that since the lease deed was unenforceable, the arbitration clause within it was also invalid, thus denying the appellant's application for the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Consequently, the appeal was dismissed, affirming the High Court's decision.

M/S SMS TEA ESTATES P.LTD. vs M/S CHANDMARI TEA CO.P.LTD. · Niyam