M/S Reliance Digital Media Ltd vs M/S Jawed Habib Hair Xpreso Ltd on 20 February, 2014
11. Mr.Bhatia would then rely on the decision of the learned Single
Judge of the Madras High Court in Sathish Raj and another v. Atlanta
Applied Dynamics (India) Pvt. Ltd. and another ; 2007 (1) Arb. LR 436
(Madras) to contend that the parties can enter into any contract containing
clause for arbitration to refer any dispute for arbitration. But when there is a
special Act covering the field of a particular dispute, the provisions of that
Act alone have to be invoked and the dispute cannot be referred to any other
mode of adjudication. The Court was considering the provisions of the local
rent law of the State. It may be kept in mind that the Civil Court had
Kumar Paritosh
2014.02.25 15:32
I attest to the accuracy and
integrity of this document
CR No.5358 of 2012
: 10 :
primary jurisdiction while Rent Controllers are statutory authorities set up
for the purpose of adjudicating landlord-tenant disputes. The jurisdiction of
these adjudicators cannot be by-passed by an arbitration intervention
through the provisions of the Arbitration and Conciliation Act, 1996. When
there are special or general authorities exercising jurisdiction over the relief
claimed in subject matter jurisdiction, then the arbitration clauses can be
invoked for arbitration purposes but not for rights exercised in rem by an
oppressor of rights.