RENUKA P GANDHI Vs. ORIENTAL GEMS PVT LTD

JUDGEMENT

(1.) The Court : This is an application made by the respondent in arbitration proceedings, praying for setting aside of the order dated 31st July, 2017 in AP No. 304 of 2017 (Renuka P. Gandhi-Versus-Oriental Gems Private Limited), appointing a retired Judge of this Court as the Arbitrator.

(2.) The ground is that subsequent to that order the Supreme Court has pronounced its decision in Himangni Enterprises-Versus- Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706. Certain paragraphs from that judgment are brought to this Court's notice, viz. paragraphs 20, 21, 22 and 24, which are set out herein below:

(3.) Mr. Sarkar submits that if this decision of the Supreme Court is to be applied, any landlord-tenant dispute would have to be resolved in a civil forum.