IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.237 OF 2017 BETWEEN:
1. MRS. AMINA AYUB AGED ABOUT 71 YEARS W/O. MR. AYUB SAIT RESIDING AT ‘GOLD ORCHID APARTMENTS’ NO.19, HUTCHINS ROAD, T-1 3RD FLOOR, COOK TOWN BENGALURU-560 005.
2. MRS. SABEEHA HASHIM AGED ABOUT 68 YEARS W/O. LATE HASHIM YACOOB SAIT RESIDING AT NO.27/2 ROBERTSON ROAD FRAZER TOWN BENGALURU-560 005. …PETITIONERS (BY SRI ABHINAV R., ADV.) AND:
DR. SHETTY’S MEDICAL AND AESTHETIC SKIN SOLUTIONS PVT. LTD. A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.C6 1ST FLOOR, DEVATHA PLAZA RESIDENCY ROAD BENGALURU-560 025.
REPRESENTED BY ITS DIRECTOR SRI. DR. M.K. SHETTY.
ALSO AT:
UNIT NO.103 PRESTIGE DELTA MUNICIPAL NO.74/13 ST. MARK’S ROAD DIVISION NO.61 BENGALURU. …RESPONDENT (BY SRI VIGNESH SHETTY, ADV. - ABSENT) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR ON BEHALF OF THE REPONDENTS IN TERMS OF THE ARBITRATION CLAUSE CONTAINED IN THE REGISTERED LEASE DEED DATED 01/06/2012 AT ANNEXURE-A; AND IN TERMS OF SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Abhinav R., learned counsel for petitioners.
Sri Vignesh Shetty, learned counsel for respondent.
2. The petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioners inter alia seek for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. Admittedly, the parties have entered into a registered lease deed dated 01.06.2012. The relationship between the parties is of Landlord and Tenant. The Hon’ble supreme Court in ‘HIMANGI ENTERPRISES VS. KAMALJEET SINGH AHLUWALIA’, (2017) 10 SCC 706 has held that the dispute between the Landlord and Tenant is not arbitrable.
5. In view of the aforesaid enunciation of law by the Hon’ble Supreme Court in the case of ‘HIMANGI ENTERPRISES’ (supra) and in the facts of the case, no relief can be granted to the petitioners in the instant petition. However, the petitioners are at liberty to take recourse to such remedy as may be available to them under law.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE ST