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RITU RAJ AWASTHI, S. R. KRISHNA KUMAR
Godolphine India Private Limited – Appellant
Versus
UM Projects LLP – Respondent
JUDGMENT
S.R. Krishna Kumar, J. - This appeal by the respondent in Com. A.A. No. 247/2021 is directed against the impugned order dated 04.03.2022 passed by LXXXIII Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) whereby, the Commercial Court partly allowed the application filed by the respondent herein under Section 9 of the Arbitration and Conciliation Act, 1996 (for short A the said Act of 1996') and dismissed the interlocutory application-I.A. No. III filed by the appellant under Section 9 of the said Act of 1996.
2. The material on record discloses that the respondent entered into a lease deed dated 10.06.2020 with the appellant in relation to the schedule premises. The appellant had filed A.A. No. 127/2021 under Section 9 of the said Act of 1996 for an interim order/direction restraining the respondent from interfering with the appellant's possession of the schedule property pending disposal of the Arbitration proceedings, which are said to have been initiated by the appellant. In the said A.A. No. 127/2021, the appellant filed an application, I.A. No. 1 for ad-interim order of temporary injunction restraining the respondent from interfering with the appel
The liability of the appellant to pay outstanding rent and maintenance charges was not restricted by a previous order, and the application under Section 9 of the Arbitration and Conciliation Act, 199....
Final relief cannot be given by way of interim measure.
The Court emphasized the limited circumstances under which the Court should intervene under Section 9(3) of the Act, 1996 after the constitution of the Arbitral Tribunal, and the alternative remedy u....
The main legal point established in the judgment is the importance of securing the interest of the appellants and the need for proper adjudication of claims and counter-claims before the arbitrator.
The essential preconditions for maintainability of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, are: (i) raising a dispute with regard to the rate of rent; (ii) de....
The grant of interim directions resembling the main relief is not permissible in law, and the revival of the lease agreement could not be granted as an interim measure.
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