Back
MANOJ MISRA, MANMOHAN
Home Care Retail Marts Pvt. Ltd. – Appellant
Versus
Haresh N. Sanghavi – Respondent
JUDGMENT :
MANMOHAN, J.
1. Leave granted.
SUBSTANTIAL QUESTION OF LAW
2. The substantial question of law that arises for consideration in the present batch of appeals is whether a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) at the post-award stage, by a party that has lost in the arbitral proceedings and has no enforceable award in its favour, is maintainable in law?
CONFLICTING JUDGMENTS OF DIFFERENT HIGH COURTS
3. While Bombay High Court ( Dirk India Pvt. Ltd. vs. Maharashtra State Electricity Generation Co. Ltd. , 2013 SCC OnLine Bom 481), Delhi High Court ( Nussli Switzerland Ltd. vs. Organizing Committee Commonwealth Games, 2010 , 2014 SCC OnLine Del 4834 as well as National Highways Authority of India vs. Punjab National Bank and Anr. , 2023 SCC OnLine Del 4810), Madras High Court (A. Chidambaram vs. S. Rajagopal and Ors., OA No. 843 of 2024) and Karnataka High Court (Smt. Padma Mahadev & Ors. vs. M/s. Sierra Constructions Private Limited, COMAP No. 2 of 2021, dated 22nd March 2021) have held that a party unsuccessful in arbitral proceedings cannot maintain a petition under Section 9 of the Act, Telangana High Co
Unsuccessful party in arbitration can maintain Section 9 petition post-award before enforcement, as 'a party' means any party to arbitration agreement without successful/unsuccessful distinction; hig....
An unsuccessful party in arbitration cannot invoke Section 9 of the Arbitration and Conciliation Act for interim relief post-award, to protect the successful party's interests.
An unsuccessful party in arbitration cannot invoke Section 9 of the Arbitration and Conciliation Act for interim relief post-award as the provision aims to protect the successful party's interests.
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
Once an Arbitral Tribunal is constituted, Section 9 of the Arbitration Act prohibits further applications for interim relief unless the party shows that the remedy under Section 17 is ineffective.
Sub-section (3) of Section 9 provides for restriction of exercise of powers by the Court and it has to decide whether the remedy provided under section 17 is efficacious or not.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
