Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The dispute arose between the parties regarding non-payment of ...


Rent dispute led to arbitration, award challenged in court. Petitioner claimed keys, respondent denied guards. Stay order with conditions.

Case Laws     Insolvency and Bankruptcy

August 3, 2024

The dispute arose between the parties regarding non-payment of rent. As per the agreement, the matter reached the Arbitrator, who allowed the petitioner/landlord's claim and directed recovery of a sum along with GST, interest, and other expenses. The petitioner claimed to have secured keys from security guards, while the respondent denied having any security guard. A criminal case was registered, and an application was filed on 17-10-2023. The vacation Court heard the matter and passed an order on 18-10-2023 after considering objections. The order stayed the Arbitrator's award, subject to the respondent furnishing a security deposit covering 5% of the award amount and granted a temporary injunction restraining the petitioner from disturbing the respondent's peaceful possession. The petitioner argued that the Court passed the order in a hurry, but the High Court dismissed the petition.

View Source

 


 

You may also like:

  1. Scope of Arbitral award - “award” delivered by an Emergency Arbitrator - Singapore International Arbitration Centre (SIAC Rules) - Section 17, as construed in the light...

  2. Approval of Resolution Plan - The Adjudicating Authority has not taken cognizance of the award and rejected the application filed by the Appellant. Since the Appellants...

  3. The High Court addressed various issues in a challenge to a final arbitration award u/s 34 of the Arbitration and Conciliation Act, 1996. The dispute involved deductions...

  4. The case involved a dispute u/s CESTAT regarding the rejection of a refund claim based on the classification of services. The Appellant argued that the service provided...

  5. The Supreme Court held that at the stage of Section 11 application under the Arbitration and Conciliation Act, 1996, the referral courts need only examine whether the...

  6. The Delhi High Court considered the validity of an arbitral award and the jurisdiction of the Facilitation Council u/s 18 of the MSME Act. The key issue was the...

  7. Arbitration application allowed u/s 11(6) of Arbitration and Conciliation Act, 1996. Court's role limited to determining existence of arbitration agreement and not...

  8. Reference of dispute between the parties to the Arbitrator - the dispute is with respect to sharing of the rent of the leased space and it can be said that the...

  9. Initiation of CIRP - Operational Creditors - existence of pre-existing dispute or not - Careful reading of Section 8(2)(a) of the Code provides that the existence of...

  10. Arbitration award - Validity of appointment of arbitrator - Jurisdiction of High Court while deciding the appeal under Section 37 of the Arbitration Act - The award can...

  11. Scope of arbitration award - Once it was found that the advance amount was paid for hypothecation of equipment and thereafter when the Arbitral Tribunal awarded the...

  12. Initiation of CIRP - It is pertinent to note that on 09.07.2016, ‘prior to the issuance of the Demand Notice under Section 8 of the Code’, the ‘Operational Creditor’...

  13. Nature of income - Award received as settlement through an arbitration award - Amount received for withdrawal of cases against the erstwhile partners and partnership...

  14. Arbitration award challenged u/s 34 of the Arbitration and Conciliation Act, 1996. Arbitrator allowed 3% of contract amount as on-site establishment expenses using...

  15. Penalty u/s 271(1)(c) - claim of HRA denied as rent paid to co-owner - The rent was actually paid to the co-owners and this fact has not been disputed by the AO - Merely...

 

Quick Updates:Latest Updates