Back
MOUSHUMI BHATTACHARYA
KOSC Industries Private Limited – Appellant
Versus
Lakhotia Infra Technologies Pvt. Ltd. – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. Both the applications have been filed under section 9 of the Arbitration and Conciliation Act, 1996 for interim relief. In one of the applications, the petitioner has prayed for a restraint on the respondent from alienating or creating any third party rights in respect of the equipments supplied by the petitioner to the respondent under four Purchase Orders issued by the respondent. In that application, the petitioner has also prayed for a direction on the respondent to furnish security for Rs. 53,07,352/-. The relief sought for in the other application is substantially the same except that the petitioner has claimed security of Rs.7,93,268/- from the respondent.
2. The other difference is that the respondent in AP 71 of 2023 has taken a point of pecuniary jurisdiction in that the Calcutta High Court lacks jurisdiction to entertain the applications.
3. The Court proposes to dispose of the applications by way of this judgment since both the applications involve the same facts and substantially the same point of law.
AP 70 of 2023
4. The undisputed facts are that petitioner supplied 2200 units of MS Props – construction scaffolding material – on rent
The Court has plenary powers under section 9 of the Arbitration and Conciliation Act, 1996 to grant interim relief and secure the amount in dispute in arbitration.
The arbitral tribunal has broad powers to issue interim measures under the Arbitration and Conciliation Act, ensuring protection of claims during ongoing proceedings.
The main legal point established in the judgment is that the order passed by the Arbitrator under section 17(1)(ii)(b) of the Arbitration and Conciliation Act, 1996 was a proper exercise of jurisdict....
An attachment before judgment requires a strong prima facie case and demonstration of urgency, which the appellant failed to establish.
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 ....
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 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.
The main legal point established in the judgment is that the Court applied the principles of strong prima facie case and weighing the balance of convenience in favor of the respondent company in gran....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
