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SURAJ GOVINDARAJ
Gaurav K Bhandari Son Of Shri U C Bhandari – Appellant
Versus
Bharath Chandrashekhar Son Of Late Mr G Chandrashekar – Respondent
ORDER :
Suraj Govindaraj, J.
1. The Petitioners are before this Court seeking for the following reliefs:
b. Grant an order of temporary injunction in terms of I.A.No.1 filed in Com.A.A.No.10 of 2021 restraining the Respondents, their agents, employees, or other persons claiming through or under them, from, in any manner, encumbering, selling, alienating, disposing of, or creating any third party rights over the Petition Schedule Properties pending disposal of the proceedings in Com.A.A.No.10 of 2021 and;
c. Pass any other orders deemed fit, in the facts and circumstances of the case, in the interests of justice.
2. The petitioners are stated to be partners in a Firm, engaged in the Real estate business. There being certain disputes between the petitioner and the respondents under the Partnership deed/dissolution of partnership, the petitioners filed a proceeding under section 9 of the Arbitration and Conciliation Act, 199
Caveats filed in original jurisdiction are valid in commercial suits, and interim orders under Section 9 of the Arbitration Act should not impose arbitrary time limits.
Point of law: When a suit or proceeding is not thrown out in limine but the Court receives it for consideration and disposal according to law, it must be regarded as entertaining the suit or proceedi....
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.
Interim injunction – Jurisdiction under Section 9 of Arbitration and Conciliation Act, 1996, is not an adjudicatory substitute for final determination of rights, but a supportive mechanism to facilit....
Point of law: Arbitration - Interim relief -order of interim relief granted under the impugned order by allowing the application filed under Rules 1 and 2 of Order XXXIX of the said Code is illegal a....
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.
Section 9 jurisdiction limited to arbitration agreement parties for subject-matter preservation; ends upon tribunal constitution unless Section 17 inefficacious; non-signatory third parties cannot in....
Section 9 of the Arbitration and Conciliation Act allows for interim measures to prevent dissipation of assets pending enforcement of arbitral awards, even before the actual enforcement process.
Pendency of proceedings in the writ petition are essentially in public domain.
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