The court held that the mere exclusion of the Delhi Rent Act 1995 from the application did not mean that the Arbitration & Conciliation Act 1996 automatically applied to the present dispute. In such a situation, the rights of the parties would be governed by the Transfer of Property Act 1882. In the event that the derogation provided for in Article 3(1)(c) is no longer applicable, the law would apply to the premises. MediationWe strongly recommend that the parties arbitrate prior to arbitration. Mediation can save time and money, either by resolving the issue or by limiting the problems to be resolved. The administrative costs of the arbitration proceedings are determined if the parties agree to provide mediation procedures prior to the arbitration, in accordance with the US&M mediation procedures. Natraj Studios was a similar case in which the landlord brought an eviction action with the Bombay Small Causes Court and the tenant filed a section 8 claim based on the arbitration clause contained in the leave and license agreement between the parties. A bank of 3 judges of the Court held that “under section 28 of the Bombay Rents, Hotel and Lodging House Rat Control Act, 1947 and because of the broader considerations of public order that we have mentioned. the court is alone for micro-sickening purposes and the arbitrator has no jurisdiction to decide whether the defendant lessor has the right to take possession of the two studios… While the correct language requires that the words “licensor” and “licensee” be used instead of “lessor” or “tenant,” we will use the latter for convenience. Vacation and licensing agreements are also called “rental agreements” for the same reason. It should be noted that the words “lessor” and “tenant” generally imply the creation of rental rights that are avoided in lease agreements.
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