- (1.) This is a request under section 11 of the Arbitration and Conciliation Act, 1996. The arbitration agreement is not in dispute. There is a live claim to carry to arbitration. The only objection raised by the respondent is that since the petitioner, in effect, seeks the respondent's eviction from an immovable property, the dispute relating thereto would not be arbitrable. The respondent refers to a judgment reported at [Booz Allen & Hamilton Inc. vs. SBI Home Finance Ltd., 2011 5 SCC 532] and relies on paragraph 36 of the report. Paragraph 36 recognizes the gamut of matters where the disputes would not be arbitrable. One of the categories is enumerated under subheading (vi) as follows: 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.
(2.) The respondent says that the respondent is entitled to protection under the West Bengal Premises Tenancy Act, 1997 and, notwithstanding the case made out by the petitioner, the respondent is a monthly tenant and entitled to special status. The petitioner says that the 1997 Act would not apply to the relationship between the parties, since the monthly rent or occupation charges (by whatever name called) paid or payable by the respondent to the petitioner takes it beyond the pale of the 1997 Act. The petitioner says that the respondent is liable to pay at the rate of Rs. 6.50 per month per sq. ft for an area of 17672 sq. ft at 17, Taratala Road, Kolkata - 700 088.
(3.) The respondent insists that if the issue as to whether the respondent is entitled to protection under the rent law is decided, it would, willy-nilly, decide the substance of the disputes between the parties. The respondent contends that if such matter has per force to be decided by the Chief Justice or his designate on a request under section 11 of the 1996 Act, there would be nothing left for the arbitrator or the arbitral tribunal to adjudicate upon. The respondent says that it is for such reason that a matter of the present kind cannot be sent to an arbitral tribunal and must be decided in a Civil Court.;