“Landlord-Tenant Disputes are Arbitrable,” Declares Punjab and Haryana High Court
In a decisive ruling yesterday, the Punjab and Haryana High Court cleared the air around the arbitrability of landlord-tenant disputes. Justice Gurvinder Singh Gill observed that such disputes can be settled through arbitration, further emphasizing that the “matter basically is in the nature of a landlord/tenant dispute.” This observation is aligned with the precedent set by the Supreme Court in the case of Vidya Drolia and others Vs. Durga Trading Corporation.
The petition was filed by Mala Kshetrapal through her attorney Kanwal Preet Singh Bindra against Gunveen Singh, under Section 11(6) of the Arbitration and Conciliation Act, 1996. The petitioner sought the appointment of an Arbitrator to resolve the dispute.
Despite several notices, the respondent could not be served. However, the court found that the respondent was “duly served” via a member of his family and electronic means, as provided under Order 5 Rule 15 CPC. “In view of the aforesaid provisions and also the fact that respondent has also been physically served, and none has appeared on behalf of the respondent, the respondent is proceeded against ex parte,” said the judgment.
The Court appointed Shri R.S. Virk, District and Sessions Judge (Retd.), as the sole Arbitrator, subject to his declaration under Section 12 of the Act concerning his independence and impartiality. The Arbitrator will be paid as per the Fourth Schedule of the Act or as mutually decided by the parties.
Justice Gill directed the parties to appear before the Arbitrator at the Arbitration Centre in Chandigarh on September 30, 2023, at 11:00 A.M. or any other date suitable to all concerned.
This ruling provides a framework for similar landlord-tenant disputes, endorsing the use of arbitration for quicker and perhaps more efficient resolution.
Date of Decision: 15.09.2023
Mala Kshetrapal Through Attorney Kanwal Preet Singh Bindra vs Gunveen Singh
