AMSTAR INVESTMENTS PVT LTD Vs. ISWAR SATYANARAYANJEE

JUDGEMENT

(1.) Petitioner has challenged award dated 21st April, 2015, for it to be set aside. Mr. Saha, learned senior advocate appeared on behalf of petitioner/award debtor and submitted, his client is tenant for non-residential purpose and protected under West Bengal Premises Tenancy Act, 1997. He relied on judgment of Supreme Court in Ranjit Kumar Bose vs Anannya Chowdhury, 2014 11 SCC 446, paragraphs 10 to 12 and 20 to submit, section 6 of the 1997 Act overrides a contract between landlord and tenant, including arbitration agreement. His client had earlier applied under section 16 of Arbitration and Conciliation Act, 1996 challenging jurisdiction of the arbitral Tribunal. He relied on paragraphs 10, 13 and 16 of his client's subsequent section 16 application. The paragraphs are set out below.

(2.) Mr. Saha also relied on judgment of Supreme Court in Vidya Drolia & Ors Vs Durga Trading Corporation decided on 14th December, 2020 (Civil Appeal 2402 of 2019) paragraph 66, reproduced below.

(3.) Second point argued by Mr. Saha is, the award was passed out of time without his client having had consented to extension of time for the Tribunal to make and publish award. The reference was on appointment under section 11 of the Act. Subsequent to commencement of the reference there was order dated 22nd February, 2012 made, in which clear agreement of parties to have the reference concluded within six months from date [22.2.2012] was recorded. After expiry of the period there was passed order dated 7th March, 2013, whereby time for concluding the reference was extended by three months from that date. A further petition for extension of time was dismissed by order dated 13th June, 2013. Respondent/claimant preferred appeal unsuccessfully. Mr. Saha relied on appellate order dated 26th August, 2013.