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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.M.POONACHA
Sammaan Finserve Limited (Formerly Known As Indiabulls Commercial Credit Limited) – Appellant
Versus
Chimanlal Talreja – Respondent
| Table of Content |
|---|
| 1. interim measures in arbitration under a&c act (Para 1 , 2) |
| 2. jurisdiction and special provisions of sarfaesi act (Para 3 , 4) |
| 3. setting aside impugned order and expediting proceedings (Para 5) |
| 4. openness of contentions and liberty to renew application (Para 6 , 7) |
JUDGMENT :
VIBHU BAKHRU, CJ
1. The appellants have filed the present appeal impugning an order dated 06.09.2025 passed by the learned Commercial Court in applications being IA No.3 and 4 in Commercial AA.No.21/2025 filed by respondent No.1. Respondent No.1 had filed the said application (AA.No.21/2025) under Section 9 of the Arbitration and Conciliation Act, 1996 [A & C Act] and he has also secured the ad interim orders on 24.07.2025. The appellants had filed applications in IA No.3 and 4 seeking vacation of the said ex parte interim orders. The said applications have been disposed of by restraining the appellants from initiating any proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] till the constitution of the Arbitral Tribunal or till expiry on 90 days from the date of the first order. This Court is informed that the said
The court held that the SARFAESI Act restricts Civil Court jurisdiction, necessitating the Commercial Court to consider its provisions when issuing interim measures under the Arbitration and Concilia....
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.
Full disclosure of material facts is essential for obtaining interim relief; unilateral appointment of arbitrators is unauthorized under arbitration agreements.
The residuary clause of Section 9(1)(ii) of the Arbitration and Conciliation Act, 1996 does not cover orders passed by the Tribunal concerning the calculation of fee based on the interpretation of th....
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.
The court clarified that once an application for interim relief under Section 9 of the Arbitration Act is entertained, it can proceed despite the constitution of an Arbitral Tribunal, unless the reme....
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
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....
Procedural orders by an Arbitral Tribunal regarding fees are not subject to challenge under Section 9 of the Arbitration and Conciliation Act, 1996.
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