Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 03 September 2026
Case Overview
- Appellant: Pramod Kumar Rao (also known as Munna Singh); Respondents: Legal Head Sahara India Commercial Corporation Ltd., Office Sahara India & Ors.
- The dispute originated from a civil suit filed on 17 February 2020 (Suit No.120 of 2020) seeking an injunction against eviction of a flat; the respondent failed to file a written statement and later, on 15 July 2024, invoked an arbitration clause under Order VII Rule 11 CPC and Section 8 of the Arbitration and Conciliation Act, 1996.
- The Civil Judge (Senior Division), Gorakhpur, allowed the respondent’s arbitration application and dismissed the appellant’s plaint; the High Court affirmed that order; the appellant filed a Special Leave Petition (C) No.32974 of 2025 before the Supreme Court.
- The Court noted that the arbitration plea was raised after a four‑year delay, that the suit’s prayer was for an injunction and not for declaration or hand‑over of the flat, rendering the arbitration clause irrelevant to the relief sought.
Final Outcome
- The Supreme Court granted leave, allowed the appeal, and set aside both the Civil Court and High Court orders (Annexure P5).
- The Civil Judge (Senior Division), Gorakhpur, is directed to resume Suit No.120 of 2020 from the stage at which it stood rejected, without prejudice to the merits, which will be decided on evidence.
- All pending applications, if any, are ordered disposed.
Topics: Judicial Appeal, Eviction Litigation