Bombay High Court Dismisses Arbitration Application, Holds Dispute Over Possession Under Leave and License Not Arbitrable

Case Snapshot

Case Name: Radius Global Solutions India BPO Private Limited v. Blue Eagle Constructions Private Limited

Citation / Neutral Citation: 2026:BHC-OS:20368

High Court: High Court of Judicature at Bombay

Bench: Hon'ble Mr. Justice Amit Borkar

Date of Judgment: 17th September, 2026

Area of Law: Arbitration Law, Presidency Small Cause Courts Act, Leave and License, Arbitrability

Judgment Headline

Dispute over possession under leave and license not arbitrable; Small Causes Court has exclusive jurisdiction.

The Judgment in One Line

Bombay High Court dismisses Section 11 application, holding that disputes concerning possession of licensed premises fall within exclusive jurisdiction of Small Causes Court under Section 41 of PSCC Act.

Why This Judgment Matters

This judgment clarifies the limits of arbitrability in disputes involving possession of immovable property under a leave and license arrangement. It establishes that the exclusive jurisdiction conferred on the Small Causes Court by Section 41 of the Presidency Small Cause Courts Act, 1882 cannot be ousted by an arbitration agreement. The ruling distinguishes between disputes where possession has been handed ov

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