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SHEKHAR B. SARAF
Chemex Oil Private Limited – Appellant
Versus
Seastarr International Private Limited – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. The petitioner in the instant application [being A.P. No. 707 of 2022] under Section 9 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as ‘the Act’] is a company incorporated as per the provisions of the Companies Act, 1956, engaged in the business of manufacturing, supplying and marketing refined glycerine.
2. The respondent No.1 is a company incorporated under the laws of the Republic of Singapore and is engaged in the business of selling crude glycerine. The Respondent No.2 is a company incorporated under the provisions of the Companies Act, 1956.
3. The petitioner has filed this application praying for interim relief in the form of either an (i) interim injunction restraining Respondent No.2 from honouring a Letter of Credit in favour of respondent No.1 till the completion of the arbitral proceedings, or (ii) an order directing respondent No.2 to furnish and deposit with this Hon’ble Court an irrevocable bank guarantee in favour of the Petitioner for a sum of US$190,000 till the completion of the arbitral proceedings, or
The main legal point established in the judgment is that Section 9 of the Arbitration and Conciliation Act applies to international commercial arbitrations, even if seated outside India, unless speci....
The court affirmed its jurisdiction to grant interim relief for enforcement of foreign arbitral awards based on asset location, in line with the amended Arbitration and Conciliation Act provisions ef....
The court clarified that without an explicit agreement to exclude Section 9 of the Arbitration Act, its applicability cannot be assumed, allowing claims under Section 9 for interim relief despite ong....
The main legal point established in the judgment is the applicability of Section 9 of the Arbitration and Conciliation Act, 1996 to international commercial arbitration, and the court's authority to ....
The Emergency Arbitrator's decision is binding and enforceable under Section 9 of the Arbitration Act, emphasizing party autonomy and the need for compliance with interim orders.
Expression “entertain” means to consider by application of mind to the issues raised. The Court entertains a case when it takes a matter up for consideration. The process of consideration could conti....
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