M/s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities & Ors. vs. M/s Bhaskar Raju & Brothers & Ors.
[2020] 3 S.C.R. 798; 2020 INSC 194
Coram: Hon’ble Chief Justice of India S.A. Bobde (Former); Hon’ble Justice B.R. Gavai & Hon’ble Justice Surya Kant
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 1599 of 2020
Date of Decision: February 14, 2020
Conclusion

Facts & Background:
- Appellant No.1 was a registered Charitable Trust, M/S Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities, represented by its trustees (the other Appellants). The Trust owns land and desired to develop it into a multi-purpose community hall with an office complex.
- M/s Bhaskar Raju & Brothers & Ors. (Respondent) was a lessee who entered into a lease agreement with the Trust to develop the land and renovate the founder's Samadhi for 38 years with a condition to refund interest fee deposition of Rs.55,00,000/at the end of the lease if the lease was not extended.
- The dispute arose as the Respondents allegedly failed to pay the full amount of the agreed interest-free deposit, interfered with the possession of the Trust's property, desecrated the founder's Samadhi, and colluded with one of the trustees to execute a fresh lease deed illegally.
- The Appellant No.1 filed Original Suit No. 8952 of 2010 before the City Civil Court, Bangalore, seeking a permanent injunction against the respondents to restrain interference with the property and the execution of any lease deed. The City Civil Court granted an interim order directing the status quo.
- Respondent Nos. 1 and 2 contested the suit, invoking the arbitration clause on 06.09.2013 and filing a petition under Section 11(6) of the Arbitration Act before the Karnataka High Court on 11.10.2013, which the Appellants opposed, citing insufficient stamping of the lease deed under Section 33 of the Karnataka Stamp Act, 1957.
- The Karnataka High Court referred the matter to the Registrar, which determined the lease deed was insufficiently stamped and imposed a penalty. The High Court, notwithstanding objections, allowed the Section 11(6) petition and appointed an arbitrator.
- Aggrieved by the High Court’s order, the Appellants approached the Supreme Court for relief.
Main Issue:
- Whether the High Court erred in appointing an arbitrator based on an insufficiently stamped lease deed dated 12.03.1997?
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