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Here's what the Supreme Court and High Courts of India had to say this week thenorthlines.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from thenorthlines.com Daily Mail and Mail on Sunday newspapers.
, High Court of Delhi held that mere fact that S. 9 proceedings entail disputed facts would be no ground to reject the S. 9 petition as in the Section 9 proceedings, there are bound to be disputed facts which are to be adjudicated in arbitration, by the Arbitral Tribunal agreed upon by the parties. The Court, in a Section 9 proceeding, is merely required to consider the grant/non-grant of interim measures claimed, applying the same principles as applicable to disposal of applications under Order XXXIX Rules 1&2 of the Code of Civil Procedure, 1908 (CPC). The Court further held that it is not as if in exercise of powers under Section 9, no mandatory relief can be granted. ....
( 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 ....
Synopsis The apex court held that arbitral tribunals have the power to decide such disputes under the Transfer of Property Act, 1882. Getty Images The verdict assumes significance in the backdrop of the government’s efforts to push rental housing across the country The Supreme Court has said tenant-landlord disputes under the Transfer of Property Act can be resolved through arbitration instead of time-consuming and expensive litigation. The apex court held that arbitral tribunals have the power to decide such disputes under the Transfer of Property Act, 1882. However, such disputes covered and governed by state rent control laws would not be arbitrable and would be decided by designated courts or forums under the legislation. ....
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 ....