2005 Supreme(SC) 1285

SUPREME COURT OF INDIA
S.N. VARIAVAAND TARUN CHATTERJEE, JJ.
SAMEER BARAR AND OTHERS - Appellants
Versus
RATAN BHUSHAN JAIN AND OTHERS - Respondents
Civil Appeal No. 6154 of 2005
Decided on October 3,2005

The court's authority to prevent dispossession pending the appointment of an arbitrator and the applicability of Section 9 in such cases.

Headnote:

Arbitration Clause - Civil Court Jurisdiction - The court directed that pending the appointment of an arbitrator and for three weeks thereafter, the appellants will not be dispossessed from the premises in their possession.

Fact of the Case:

The civil court felt that the suit was not maintainable due to the arbitration clause, and an application for appointment of an arbitrator had already been filed before the Chief Justice.

Finding of the Court:

The court directed that pending the appointment of an arbitrator and for three weeks thereafter, the appellants will not be dispossessed from the premises in their possession.

Issues: Jurisdiction of Civil Court, Application under Section 9

Ratio Decidendi: The court can treat an application as one under Section 9 even if the civil court feels that the suit is not maintainable due to the arbitration clause.

Final Decision: The appeal stands disposed of accordingly with no order as to costs.