DIMPLE ENTERPRISES Vs. WEWORK INDIA MANAGEMENT PVT. LTD.

JUDGEMENT

(1.) Context and Factual Background : Whether the declaration of law in Vidya Drolia [Vidya Drolia vs. Durga Trading Corporation - 2021 2 SCC 1] about disputes under bilateral lease deeds being arbitrable, has no relevance for arbitrability of such disputes in Greater Mumbai is the key question raised in these proceedings.

(2.) This Petition is essentially an Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") challenging an order / award dated October 6, 2020 ("Impugned Order") passed by a Learned Arbitral Tribunal allowing an application under Sec. 16 of the Arbitration Act, holding that disputes and differences between the parties over a lease deed are not arbitrable.

(3.) The Petitioner, Dimple Enterprises, a partnership firm ("Dimple") entered into a Lease Deed with WeWork India Management Pvt. Ltd. ("WeWork") on May 28, 2018, leasing out 1,50,005 square feet of carpet area in a building called K. Raheja Platinum for a period of ten years. The lease rental payable was in the sum of Rs.2.57 Crores per month, escalated by 15% every three years.