Insights
SC refers landlord-tenant disputes arbitrable question to larger bench
March 1, 2019Brief Facts
The landlord (Respondent) and tenant (Appellants) entered into a tenancy agreement (“Tenancy Agreement”) which contained an arbitration clause. On 24 August 2015, the Respondent issued a letter to the Appellants to deliver vacant and peaceful possession on expiry of the Tenancy Agreement. As the tenant did not vacate the premises, arbitration was invoked by the Respondent on 29 February 2016. The Respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”) on 28 April 2016 before the Calcutta High Court. The High Court passed the impugned order (“Impugned Order”) on 7 September 2016 appointing an arbitrator after rejecting the Appellants’ objections regarding arbitrability of the disputes.
