Mortgage suit can not be referred for settlement through arbitration

The Supreme Court of India in the case of Booz Allen and Hamilton Inc. Vs. SBI Home Finance Ltd. & Ors held that enforcement of a mortgage by sale shall be tried by court and not by an arbitral tribunal. In this case the Supreme Court was examining the scope of Sec. 8 of the Arbitration & Conciliation Act, 1996. All disputes are not capable of settlement through arbitration; some by nature have to be adjudicated by courts, according to the Supreme Court. A suit for sale, foreclosure or redemption of mortgaged property should be tried by a court and not by arbitral tribunal, the court ...