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The decade-old uncertainty on the issue of arbitrability of
tenancy disputes stands settled with the pronouncement of the
judgment by the Hon'ble Supreme Court in,
Vidya
Drolia and Others v. Durga Trading Corporation
1
("
Himangni Enterprises v. Kamaljeet Singh
Ahluwalia
2 ("
Himangni
Enterprises
"), provides much-needed
clarity on the nature of tenancy disputes that can be referred to
arbitration. The Dovetail Test laid down by the Court can be relied
upon in determining the non-arbitrability of disputes in general.
The Judgment also attempts to clear the conundrum surrounding the