MOOSABHAI GAGJI KHETANI Vs. RAHIM MANJI KABA

JUDGEMENT

(1.) The above Application has been filed by Rahim Manji Kaba (the Applicant), who is also the Respondent in the above Execution Application, inter-alia, seeking an order for raising the attachment levied on Shop No.2/2, Kazipura, Two Tanks, Mumbai- 400008 (for short 'the said Shop') and for restraining the Claimant/Decree Holder from taking out any legal proceedings against any movable property in the said Shop.

(2.) The principal ground on which the attachment is asked to be lifted is that the Arbitral Tribunal that passed the Award lacked inherent jurisdiction and the same is a nullity as it touches upon the rights of the Applicant as a tenant of the said Shop. This argument is canvassed on the basis that all issues with reference to tenancy, by virtue of Sec. 41(1) of the Presidency Small Causes Courts Act, 1882 and the provisions of the Maharashtra Rent Control Act, 1999, can only be decided by the Court of Small Causes at Mumbai. Consequently, the Arbitral Tribunal lacked inherent jurisdiction to decide on the issue of tenancy of the said Shop, is the argument canvassed before me.

(3.) To understand this controversy, it would be necessary to set out some brief facts. Initially, (i) the Claimant/Decree Holder, (ii) one Nasruddin Hashamali Liawalla and (iii) the Applicant above named (Rahim Manji Kaba), entered into a Partnership Deed dtd. 26/3/1993. They were carrying on business in the name and style of M/s. Paradise Traders. This business was carried on from the said Shop. Mr. Nasruddin Hashamali Liawalla passed away on 18/10/2010 and thereafter the business was carried on by the Claimant and the Applicant. It is the case of the Applicant that during carrying on the business of the Partnership Firm, disputes arose between the Claimant and the Applicant as regards the tenancy rights with respect to the said Shop. The Claimant therefore invoked the Arbitration Clause in the Partnership Deed, and the disputes were thereafter referred to Arbitration as per the orders of this Court. The Claimant filed his statement of claim before the Arbitral Tribunal and the Applicant filed its statement of defence.