VidhiSangh

Supreme Court of India · 28/02/2019

VIDYA DROLIA & ORS. versus DURGA TRADING CORPORATION

[2019] 3 S.C.R. 465 · 2019 INSC 290

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In this 2019 order, the Court referred to three Judges the questions concerning arbitrability of Transfer of Property Act tenancy disputes and the scope of examination under Section 11(6A). It considered Himangni Enterprises to require reconsideration. The stay of arbitration was lifted, but execution of any resulting award required the Supreme Court’s permission.

Issues

  1. Whether a tenancy governed by the Transfer of Property Act is non-arbitrable.
  2. Whether examination of existence of an arbitration agreement under Section 11(6A) extends to non-arbitrability of the dispute.

Provisions considered

Held

Result

Questions referred to a three-Judge Bench. Appeal disposed of; stay of arbitration lifted subject to the restriction on execution of any award.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 465.