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2025 DIGILAW 145 (SC)

Air Shagoon (Network) Pvt Ltd. v. Abw Infrasturture Ltd.

2025-01-07

PRASHANT KUMAR MISHRA, SUDHANSHU DHULIA

body2025
ORDER : 1. In a suit filed by the petitioner against the tenant for eviction and mesne profit, an application under Section 8 was filed stating that there is a contract between the parties, which is the arbitration clause and since the tenancy was not statutorily protected, the said application was allowed and the parties are referred for arbitration. 2. Initially, the application was dismissed but it was finally allowed by the High Court vide its order dated 18.08.2017. 3. Being aggrieved by the same, the landlord has filed the present petition before this Court. 4. As per the merits of the case is concerned, we see no reason to interfere with the High Court's order. Since, the tenancy was not protected and the application under Section 8 was maintainable and the case is not covered under the Booz Allen and Hamilton Inc. vs. SBI Home Finance Ltd. And Ors. [ (2011) 5 SCC 532 ] judgment. 5. Having made this determination, however, we are informed at the Bar that subsequently a petition has been filed and is presently pending before the National Company Law Tribunal (NCLT). The petitioner has already moved an appropriate application before concerned Court and the same shall be considered in accordance with law. 6. The Special Leave Petition stands disposed of with the above terms. Pending application(s), if any, shall stand disposed of.