Supreme Court of India · 2017-10-12
Himangni Enterprises vs Kamaljeet Singh Ahluwalia
- Citation / case number
- AIR 2017 SUPREME COURT 5137
- Court
- Supreme Court of India
- Petitioner
- Himangni Enterprises
- Respondent
- Kamaljeet Singh Ahluwalia
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, R.K. Agrawal
Judgment text excerpt
The Supreme Court upheld the decision of the Delhi High Court, affirming the rejection of the appellant's application under Section 8 of the Arbitration and Conciliation Act, 1996. The Court found that the lease deed had expired, rendering it unenforceable, and thus the disputes were not arbitrable. The Court held that the civil suit for eviction and ancillary reliefs was maintainable despite the arbitration clause, as the lease had lapsed and the disputes were not subject to arbitration.