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    <title>2019 (2) TMI 2116 - Supreme Court</title>
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    <description>Landlord-tenant disputes governed by the Transfer of Property Act, 1882 are not treated as inherently non-arbitrable merely because the statute provides limited relief against forfeiture. The text explains that arbitration is excluded only where there is an express bar or a clear statutory scheme reserving the dispute exclusively for public fora; such lease disputes are private rights in personam rather than rights in rem. It also states that Section 11(6A) of the Arbitration and Conciliation Act, 1996 confines the court to verifying the existence of an arbitration agreement, without a broader non-arbitrability inquiry. The earlier view in Himangni Enterprises was said to require reconsideration, and the arbitral stay was lifted.</description>
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    <pubDate>Thu, 28 Feb 2019 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=458452</link>
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