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ANU SIVARAMAN, ANANT RAMANATH HEGDE
Klr Group Enterprises – Appellant
Versus
Madhu H V, S/O Late Mr H N Venkatesh – Respondent
JUDGMENT :
ANANT RAMANATH HEGDE, J.
1. Whether an order refusing or granting ex-parte interim measure on an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘Act, 1996’) falling under ‘Commercial Arbitration Dispute’ is appealable order under Section 37 of the Act, 1996, or such an appeal, barred under the proviso to Section 13(1A) of the Commercial Courts Act, 2015? (for short ‘Act, 2015’).
2. The respondents have raised a contention that the present appeal impugning the order of the Commercial Court, issuing emergent notice, and declining ‘ex-parte’ interim measure on an application under Section 9 of the Act, 1996 is not maintainable.
3. Learned Senior counsel Sri.Dhananjay Joshi, appearing for the appellant raised the following contentions:
The co-ord
Orders granting or refusing ex-parte interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are appealable under Section 37, despite the Commercial Courts Act, 2015.
Granting or refusing to grant any measure and set aside an arbitral award - No final adjudication of Section 9 application nor does impugned order finally decide same - Decision in application under ....
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.
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.
The court emphasized the need to balance equities between the parties and highlighted the importance of following contractual provisions for submission of the final bill and processing thereof.
Power to refer parties to arbitration where there is an arbitration agreement - Application of any of the parties to the suit, withdraw such suit or application from the court before which it is pend....
(1) There is nothing in Arbitration Act that prohibits contracting parties from agreeing to a provision providing for an award being made by an Emergency Arbitrator.(2) No appeal lies under Section 3....
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