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october 2017

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.

Himangni Enterprises vs Kamaljeet Singh Ahluwalia · Niyam