Supreme Court Condones Delay in Banke Bihari

Authority: Supreme Court of India

Order Date: 11-08-2026

Case Overview

• Parties: M/s Banke Bihari Developers Private Limited (Petitioner) vs M/s Fashion World (Respondent).
• Origin: Special Leave Petition (Civil) Diary No. 38674/2026 arising from impugned final judgment and order dated 28‑Nov‑2024 in SCCR No.14/2022 and SCCR No.90/2022 passed by the Allahabad High Court.
• Issue: Whether arbitration clause in the Memorandum of Understanding is applicable in a landlord‑tenant dispute; petitioner sought exemption from filing copy of the impugned judgment and official translation, and condonation of delay.
• Court’s reasoning: Relied on Booz Allen and Hamilton Inc. vs. SBI Home Finance Limited (2011) 5 SCC 532, concluding that the arbitration clause would not be available in a landlord‑tenant dispute.

Final Outcome

• Applications for exemption from filing copy of the impugned judgment and from filing official translation are allowed.
• Delay in filing is condoned.
• Court directed issuance of notice, returnable on 08‑Sep‑2026.

Topics: Legal Procedure, Arbitration, Landlord‑Tenant Dispute