SWAROOP SEN Vs. AJAY KUMAR BORAL

JUDGEMENT

(1.) The present application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act ') for appointment of an arbitrator.

(2.) The learned Counsel for the applicant submitted that there is an arbitration Clause in the lease and license agreement dated August 10, 1987 signed between the parties. In terms thereof both the parties had appointed one arbitrator each. However, they failed to appointed an umpire. As a result the arbitral proceeding could not commence. The applicant has filed the present petition seeking direction for appointment of arbitrator.

(3.) The judgment of Hon 'ble the Supreme Court in Vidya Drolia and Others vs. Durga Trading Corporation, (2021) 2 SCC 1 was referred to in support of the argument that landlord/tenants disputes are arbitrable. The case in hand does not fall in the exception clause. Section 105 of the Transfer of Property Act defines 'lease '. Whereas in terms of Section 3(c) of the West Bengal Premises Tenancy Act, 1997 (for short, 'the 1997 Act ') the dispute in the present case is not governed by the aforesaid Act. Hence, the present application may be accepted and an arbitrator be appointed for resolution of the dispute.