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( Booz Allen ), wherein it was held that in eviction or tenancy matters which are governed by special statues and where tenant enjoys statutory protection as a class is a matter of public interest and only the specified court has been conferred exclusive jurisdiction to adjudicate the same. Later, in 2017, the issue regarding arbitrability of lease dispute was once again re-visited by the Supreme Court in the case of Himangi Enterprises and after relying on the said ratios of Booze Allen and Natraj Studios the court rejected the application filed by the tenant (defendant) under section 8 of the Arbitration and Conciliation Act, 1996 ....
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 ....