A Silent Exception to the Rule
by Rishi Batta Law FirmIn October 2017, a division bench of the Hon’ble
Supreme Court of India (“SC”) in the case of Himangni Enterprises vs. Kamaljeet
Ahluwalia[1] (“Himangni Enterprises”) held that where the Transfer of Property
Act, 1882 (“TP Act”) applied between landlord and tenant, disputes between the
said parties would not be arbitrable, despite the existence of an arbitration
clause. Thereafter, in February 2019, another division bench of the SC in the
case of Vidya Drolia and Others vs. Durga Trading Corporation[2](“Vidya
Drolia”) respectfully disagreed with the conclusion arrived at in Himangni
Enterprises and consequently referred the matter to a larger bench to finally settle
the issue on the arbitrability of tenancy disputes.
While the reference is pending adjudication by a
larger bench of the SC, this article seeks to examine the prevailing law with
regard to the above mentioned issue and whether the ruling in Himangni
Enterprises is a binding precedent or whether it falls under an exception to
the rule of precedents.
Read More : https://tlegal.com/blog-details/a-silent-exception-to-the-rule
Sponsor Ads
Created on Jul 22nd 2021 22:29. Viewed 272 times.