TaxTMI 
TaxTMI 
2017 (10) TMI 566
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....rict Judge-05, South East Dist., Saket Courts, New Delhi in C.S. No. 132 of 2016. 3. The question involved in the appeal is short. It arises on the facts, which lie in a narrow compass. 4. The question, which arises for consideration in this appeal, is whether the two Courts below were justified in rejecting the application filed by the appellant herein under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") in a pending civil suit filed by the respondent seeking appellant's eviction from the premises in question and for claiming some ancillary reliefs therein. 5. The appellant is the defendant whereas the respondent is the plaintiff in a civil suit out of which this appeal arises. ....
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.... suit premises, the same were governed by the terms of the lease deed. It was contended that the civil suit to claim the reliefs in relation to the suit premises was, therefore, not maintainable and, in fact, barred and the remedy of the respondent to get such disputes resolved is to submit themselves to the jurisdiction of the arbitrator by taking recourse to the procedure prescribed in clause 9.8 of the lease deed. 10. In other words, the contention of the appellant, in support of their application, was that since the disputes for which the civil suit is filed arise out of the lease deed dated 31.08.2010 which contained an arbitration clause (9.8) for their adjudication through the arbitrator, the civil suit to get such disputes decide....
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....dia Commercial Corp. Ltd. Gurgaon, (2012) SCC Online P&H 11449, Reva Electric Car Company Pvt. Ltd. vs. Green Mobil, (2012) 2 SCC 93, Harishchandra Hegde vs. State of Karnataka & Ors., (2004) 9 SCC 780 and Khadi & Village Industries Commission vs. Saraswati Ramkrishna Dalmia & Ors., (2013) 3 Mh.L.J. 250 contending that the application filed by the appellant under Section 8 of the Act should have been allowed by the Courts below and the respondent should have been relegated to submit themselves to the jurisdiction of an arbitrator in terms of clause 9.8 of the lease deed for determination of the disputes by the arbitrator instead of filing the civil suit for their determination by the Civil Court. 16. In reply, learned senior counsel for ....
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....t. It was contended that the civil suit was, therefore, not maintainable and the disputes for which the suit has been filed be referred to the arbitrator for their adjudication. 21. This Court (Three Judge Bench) speaking through Justice O. Chinnappa Reddy rejected the application filed by the tenant under Section 8 of the Act and held, inter alia, that the civil suit filed by the landlord was maintainable. It was held that the disputes of such nature cannot be referred to the arbitrator. 22. This is what Their Lordships held as under: "24. In the light of the foregoing discussion and the authority of the precedents, we hold that both by reason of Section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....
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.... are non-arbitrable: "36. The well-recognised examples of non-arbitrable disputes are: (i) disputes relating to rights and liabilities which give rise to or arise out of criminal offences; (ii) matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody; (iii) guardianship matters; (iv) insolvency and winding-up matters; (v) testamentary matters (grant of probate, letters of administration and succession certificate); and (vi) eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against eviction and only the specified courts are conferred jurisdiction to grant eviction or decide the disputes." (emphasis supplied) 24. Keeping in v....
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....ertain premises but no sooner the exemption is withdrawn or ceased to have its application to a particular premises, the Act becomes applicable to such premises. In this view of the matter, it cannot be contended that the provisions of the Arbitration Act would, therefore, apply to such premises. 27. We have gone through the decisions cited by the learned counsel for the appellant in support of her contention. Having gone through the same, we are of the considered opinion that firstly, some decisions are rendered by the High Court; Secondly, remaining decisions are distinguishable on facts and lastly, in the light of two authoritative decisions of this Court, which are directly on the point and continue to hold the field, no reliance can....