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ORDER SHEET
A.P. No. 263 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE

ADITYA BIRLA FASHION AND RETAIL LIMITED

Versus
RVG NIRMAN PVT. LTD. & ANR.

BEFORE:
The Hon'ble JUSTICE ARINDAM SINHA
Date : 24th September, 2019.
Appearance:
Mr. Sounava Mukherjee, Adv.
…for the petitioner

Mr. Ratul Das, Adv.

Mr. Nikunj Berlia, Adv.
…for the respondents

The Court : This arbitration petition is for appointment.

Mr. Mukherjee, learned advocate appears on behalf of petitioner and

submits, disputes have arisen out of agreement between parties, which

includes arbitration clause. Parties have not been able to agree on appointment

and hence, this petition. Mr. Das, learned advocate appears on behalf of

respondents and submits, he has since checked up the position on law

regarding arbitrability of disputes in respect of immovable property under

Transfer of Property Act, 1882. He submits, judgment of Supreme Court, in

Himangni Enterprises v. Kamaljeet Singh Ahluwalia reported in (2017) 10

SCC 706 was referred to larger Bench by coordinate Bench of said Court, in

Vidya Drolia & Ors. v. Durga Trading Corporation by judgment dated 28th

February, 2019 in Civil Appeal 2402 of 2019. Larger Bench decision is

awaited. He submits, in the circumstances, he maintains his contention, of the

dispute not being arbitrable.

Unlike as in Rent Restriction Acts, Transfer of Property Act, 1882 does

not provide for special forum, before whom disputes relating to immovable

property must be referred for adjudication. Thus, there does not appear to be a
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bar to arbitrability of disputes between the parties. Furthermore, it appears

from Himangni Enterprises (supra), said Court had considered possibility of

exemption from applicability of Delhi Rent Act being withdrawn. No such

contingency has been pointed out in this case.

Mr. Mohit Gupta, advocate is appointed arbitrator. Arbitrator will be paid

remuneration of Rs.20,000/- per sitting. Parties will bear attendant costs of

arbitration and arbitrator’s remuneration in equal share.

The arbitration petition is disposed of.

(ARINDAM SINHA, J.)

TO