whether jurisdiction of a Rent Control Tribunal can be excluded by adding an arbitration clause in the rent / lease agreement. ?
Ashey 23 March 2009
whether jurisdiction of a Rent Control Tribunal can be excluded by adding an arbitration clause in the rent / lease agreement. ?
Prabhat Kumar (Advocate) 23 March 2009
No. Jurisdiction of the rent tribunal is given by a statute which cannot be ousted by agreement between two persons or parties.
Ashey 23 March 2009
Thanks Mr. Prabhat Kumar
Shashikant V. Patil (Lawyer) 23 March 2009
For arbitration clause, decide mutually by both the parties , whether to include or exclude before signing document.
Ashey 24 March 2009
Thanks Mr.Patil
G. ARAVINTHAN (Legal Consultant / Solicitor) 24 March 2009
arbitration clause can have no say in rent control proceedings..
Mahesh (Asst. General Manager (Law)) 24 March 2009
In case both the parties agree to an arbitration clause in the lease agreement, I think before approching the rent control court, they should go for arbitration.
If any of the Ld. friends are having any contrary views/judgments please enlighten.
Prabhat Kumar (Advocate) 24 March 2009
With due respect, if there is arbitration clause in the agreement party may resort to arbritration but in no circumstances jurisdiction of a court, provided by the statute can be ousted by an agreement between 2 parties.
Ashey 25 March 2009
Thanks All learned friends for your valuable replies
Well Wisher (analyst) 02 May 2014
How much time does an chief justice take to appoint an arbitration.
In my case its more then 6 months the chief justice look to arbitration cases every friday and every friday he give some silly reason like not listed.
Does it really take so much time to appoint an arbitrator. Is it really so painful for Judge to appoint
Why is Indian law always wanna delay cases where victim suffers and criminal enjoy.
When will this law will moves like all other sector moving.