1. U. P. INDUSTRIAL CO-OPERATIVE ASSOCIATION LTD. VS SHOBHA CHANDRA - 02 Mar 12

recovery—Arrears of rent—Adjudication of—Implication of arbitration clause—A suit for recovery of Rs. 94,485 as arrears of rent ... Provensial Small Causes Court Act, 1882—Section 25—Arbitration and Conciliation Act, 1996—Section 8—Eviction proceedings—Suit for ... in the written statement is of no avail—Also no specific denial with regard to the plea relating to the arrears of rent and water ... for eviction and even while prosecuting the suit accepted the rent, which was paid to him by the tenant. ... The defendants are in arrears of rent. ... under legal obligation to clear the arrears of rent.

India - Allahabad

2. KRISHNA PREMMAI DEVIDASI VS INTERNATIONAL SOCIETY FOR KRISHNA CONSCIEUSNESS - 31 Aug 12

and arrears of rent—Revisionist moved an application under Section 8 of Arbitration Act—Whether in view of arbitration clause in ... registered Society—Relationship of landlord and tenant between them not disputed—Respondents instituted two different suits for eviction ... Rules and Regulations of Society, instant dispute is referable under Section 8 of Arbitration Act—Arbitration clause as contained ... The plaintiff respondent instituted two separate suits before the Small Causes Court for arrears of rent and eviction against the ... of arbitration agreement” and instead of availing the remedy of arbitration, they are brought before the Court. ... ‘Arbitration agreement’ has been defined under Section 7 of the Act to mean an agreement by the parties to submit to arbitration

India - Allahabad

3. Kodandapani VS Kadidela Rajamouli - 08 Jan 03

( 1 ) RESPONDENT filed the suit seeking eviction

India - Andhra

4. PETROLEUM AND PETROCHEMICAL PURVEYORS VS UNION OF INDIA - 23 Mar 94

arrears of rent/damage – It was observed that the premises in question were public premises and on account of that the reference ... petition was filed seeking reference of the dispute regarding arrears of rent/damage – It was observed that the premises in question ... a) The case dealt with the petition filed under Section 20 of the Arbitration Act, 1940, seeking reference of the dispute regarding ... agreement between the parties, the proceedings under Section 20 of the Arbitration Act on the question of eviction orpayment of ... " in terms of thissection the arrears of rent payable means the rent payable in accordance ... Act as the Company and the Firm were in arrears of rent payable in respectof the premises which were in their occupation and which

India - Delhi

5. Agtec Industries Private Limited VS Nikon Systems Private Limited - 16 Sep 21

agreement, the dispute, if any, no longer existed between the parties to be referred to arbitration - The Arbitration Act facilitates ... have no bearing on the maintainability of an application under Section 8 of the Arbitration Act in view of the language explicitly ... Section 8 - Code of Civil Procedure, 1973 - Order VII Rule 11 - Constitution of India, 1950 - Article 227 – Appeal against order - Arbitration ... In the facts of the case at hand, the suit was instituted for eviction and arrears of rent, there ... and arrears of rent. ... ought to be referred to arbitration in terms of the rent agreement.

India - Allahabad

6. Himangni Enterprises VS Kamaljeet Singh Ahluwalia - 12 Oct 17

Section 8 of the Arbitration and Conciliation Act, 1996does not apply to eviction suits despite existence of arbitration clause in the lease and licence agreement.Eviction cases to which the Delhi Rent Act, 1955 does not apply by virtue of section thereof, would be governed by the Transfer of Property Act and not the Arbitration and Conciliation Act, 1996. Civil court shall have jurisdiction.

and for recovery of unpaid arrears of rent and grant of permanent injunction. ... suits despite existence of arbitration clause in the lease and licence agreement – Civil court does have jurisdiction. ... (a) Arbitration and Conciliation Act, 1996 – Section 8 – Does not apply to eviction ... The Delhi Rent Act, which deals with the cases relating to rent and eviction of the premises, is a special Act. ... The Delhi Rent Act, which deals with the cases relating to rent and eviction of the premises, is a special Act. ... Commercial Center, District Center Jasola, New Delhi (hereinafter referred to as “the suit premises") and for recovery of unpaid arrears

India - Supreme Court

7. ALOK MEHROTRA VS GOVERNMENT OF NCT OF DELHI - 02 Dec 11

, the suit for eviction, arrears of rent and damages is cognizable by the court of J.S.C.C. — Since the matters of eviction of tenant ... Arbitration and Conciliation Act, 1996, Sec. 8 — Suit for eviction — Actions in rem and actions in personam — Held — No specific ... provision in the lease-deed to refer the matter of eviction of defendant to arbitrator and even, the lease had not be renewed — Further ... and for recovery of arrears of rent and damages, which is cognizable by the Court of Judge, Small Cause Courts. ... by the arbitration agreement. ... suit has not been considered vis-a-vis arbitration clause.

India - Uttarakhand

8. MANAGING DIRECTOR, U. P. STATE HANDLOOMCORPORATION LTD VS ASHA LATA TALWAR - 29 May 09

, arrears of rent and damages for use, with liberty to owner to take recourse of legal remedy available under law. ... (A) Arbitration and Conciliation Act, 1996—Section 34—Award—Setting aside of—Passed by Arbitrator in terms of arbitration clause—Powers ... parties to begin afresh—Hence, judgment and order passed by Court below set aside only to the extent it grants benefits of possession/eviction ... Handloom Corporation Limited, Kanpur and another) is set aside only to the extent it grants benefits of possession/eviction, arrears ... and delivery of possession and for payment of arrears of rent and damages. ... The relief of possession, arrears of rent and damages are all subject matters of evidence

India - Allahabad

9. Ranjit Kumar Bose VS Anannya Chowdhury - 07 Mar 14

Section 6 of the Tenancy Act, 1977 overrides any terms in the contract.

, arrears of rent, arrears of municipal tax, mesne profit and for permanent injunction. ... can only be granted by a Civil Judge – The Civil Judge who has jurisdiction to grant reliefs like decree for arrears of rent, decree ... suit cannot be referred to arbitration. ... , arrears of rent, arrears of municipal tax, mesne profit and for permanent injunction in the Court of the Civil Judge (Senior Division ... of rent, decree for recovery of arrears of proportionate and enhanced municipal taxes, a decree for mesne profits and a decree for ... Since the suit filed by the appellants was for eviction, it was a suit for recovery of possession and could not be referred to arbitration

India - Supreme Court

10. L. R. Print Solutions VS Exflo Sanitation Pvt Ltd. - 06 Dec 22

Arbitration and Conciliation Act, 1996 –Section 34 – Transfer of Property Act, 1882 – Section11– Arbitration ... where subject matter of dispute is covered by arbitration agreement, it no where imposes any restriction on a party in invoking ... and to that extent it's order is erroneous, but that in no manner was an impediment in invoking mechanism of redressal viz. arbitration ... The claim of the respondent was decreed for recovery of arrears of rent, damages and eviction of the appellant. ... of rent and damages as well as for eviction. ... of rent; damages at the rate of Rs.25,000/-per month; interest at the rate of 18%; and eviction of the appellant.

India - Allahabad