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Tenancy disputes not for arbitration in West Bengal - SC

The Supreme Court ruled last week that a landlord-tenant dispute in West Bengal cannot be sent for arbitration even if there is a clause in the agreement recommending it. The tenancy in this case, Ranjit Kumar vs Anannya Chowdhury, was terminated upon which the tenant invoked the arbitration clause before the civil judge. He dismissed the plea to set up an arbitral tribunal, but on appeal the Calcutta High Court approved of arbitration. The landlord appealed to the Supreme Court, which set aside the high court order. It said that when the West Bengal Premises Tenancy Act mandates that the civil judge shall deal with eviction and related tenancy matters, the arbitration route is closed to the tenant.

Article referred: http://www.business-standard.com/article/opinion/half-full-win-for-liquor-bars-114031600740_1.html

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