Himangi
Enterprises )
2 and held that the
tenancy disputes are now arbitrable as the Transfer of Property
Act, 1882 (
TP ACT ) does not
foreclose arbitration, save and except for those tenancy disputes
which are governed by rent control legislations as specific forums
have been given exclusive jurisdiction to decide the special rights
and obligations of the parties.
3 and held
that while deciding an issue of public policy or public interest,
reference to dispute resolution mechanisms cannot be held
foreclosed.
THE JOURNEY SO FAR
Over the years, various conflicting judgments were pronounced by
various High Courts in India on the issue whether disputes arising