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MOUSHUMI BHATTACHARYA
Jaya Industries – Appellant
Versus
Mother Dairy Calcutta – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The petitioner has filed the present application for interim relief under section 9 of The Arbitration and Conciliation Act, 1996. The only question which arises is whether the Court should continue to entertain the application after constitution of the Arbitral Tribunal.
2. The application was filed on 10th February, 2023 and the Arbitral Tribunal was constituted by an order of a learned Single Judge of this Court on 17th May, 2023. The particulars of the orders passed in between are as follows.
3. After filing of the application on 10th February, 2023, a Co-ordinate Bench passed an order on 15th March, 2023 directing the respondents to show-cause as to why the respondents should not be directed to deposit a sum of Rs. 5,95,40,498.60/-before the Registrar, Original Side of this Court for securing the claim of the petitioner. The respondents were represented on the returnable date i.e. on 30th March, 2023 when the matter was adjourned on the request of counsel appearing for the respondents. Affidavits were exchanged between the parties and recorded in the orders passed by the Court on 10th April, 2023, 1st May, 2023 and 14th June, 2023. The respo
Arbitration – Interim relief – Grant of – Language of section 9(3) of Arbitration and Conciliation Act, 1996 is mandatory in use of words “......shall not entertain an application....” and would have....
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....
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.
Sub-section (3) of Section 9 provides for restriction of exercise of powers by the Court and it has to decide whether the remedy provided under section 17 is efficacious or not.
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....
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
A party must demonstrate a manifest intention to initiate arbitration to seek interim measures under Section 9 of the Arbitration & Conciliation Act.
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