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2 (“ Vidya Drolia II”), the Supreme Court has settled the dust on whether landlord-tenancy disputes under the Transfer of Property Act, 1882 (“ TP Act”) are arbitrable under the Arbitration & Conciliation Act, 1996 (“ Arbitration Act”). Overruling many of its own as well as other High Courts’ judgments, the Court in Vidya Drolia II has set out the broad principles on which arbitrability of disputes may be decided. Applying the principles, the Court held that landlord-tenant disputes under TP Act, and not any special statute (such as state-specific rent legislations, etc.), woul...

(' 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 ...

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The Court discusses and over-rules the case of Himangni Enterprises wherein the Court had upheld the decision of the lower courts in rejecting an application filed by the defendant-tenant under Section 8 of the Arbitration Act, 1996 (" Arbitration Act") in a civil suit seeking its eviction from a shop in a commercial complex. In this case, the tenancy in question was protected under the TP Act and not under the rental control legislation. The Judges in the Himangni Enterprises case Natraj Studios (P) Ltd. v. Navrang Studios 3 and 4 with respect to the issue of non-arbitrability. In Natraj...

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 b...