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RAJIV SAHAI ENDLAW, NAJMI WAZIRI
Avon Healthcare Private Limted – Appellant
Versus
Trade International – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - C.M. No. 14837/2021(for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
FAO(OS) (COMM) 67/2021 & C.M. No. 14838/2021(for ad-interim exparte stay)
3. This appeal, under Section 37 of the Arbitration and Conciliation Act, 1996, impugns the order dated 15th February, 2021 of dismissal of OMP(I)(COMM) No.143/2020 under Section 9 of the Arbitration Act preferred by the appellant.
4. It is the case of and the argument of the counsel for the appellant, (i) that the appellant had made monetary claims against the respondent no.1 Trade International, Sole Proprietorship of P.K. Handa and respondent no.2 Snowcross Healthcare Pvt. Ltd; (ii) that the said claims were subject matter of arbitral proceedings; (iii) that during the pendency of arbitral proceedings, on an application under Section 17 of the Act, the respondent P.K. Handa was restrained from alienating, selling, encumbering or transferring his residential property, being second floor of house No. C-8, East of Kailash, New Delhi; (iv) that the said monetary claims were allowed and an Arbitral Award for recovery of monies was passed in favour of
Conflicting orders on securing the award amount and the applicability of Section 9 to restrain a non-party to the arbitration proceedings.
Only parties to an Arbitration Agreement may be subject to interim measures under Section 9; issues of property transfer and claims must be adjudicated in proper suits.
The court established that while Section 9 allows for court intervention in arbitration matters, it can only do so if the remedy under Section 17 is found to be ineffective, particularly when third p....
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious, particularly regarding third parties not party....
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.
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....
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.
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