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RAJIV SHAKDHER, POONAM A. BAMBA
Jasmine Buildmart Pvt. Ltd. – Appellant
Versus
Neeru Jain – Respondent
JUDGMENT
Rajiv Shakdher, J. - This appeal is directed against the order dated 27.07.2020, passed by the learned Single Judge in Ia No.721/2020 in O.M.P. (I) (COMM.) No.280/2019.
1.1. a perusal of the order dated 27.07.2020 would show that there were several other interlocutory applications [Ias] moved, which were also dealt with by the learned Single Judge via very same order. Suffice it to state that these applications, including the application adverted to hereinabove i.e., I.a. No.721/2020, were applications moved by the original petitioners (including the respondent herein) for clarification/modification of the judgment dated 21.10.2019.
2. The learned Single Judge, via judgment dated 21.10.2019, had, in exercise of powers vested in her under Section 9(1) of the arbitration and Conciliation act, 1996 [in short, 1996 act'], passed an interim order in favour of the respondent i.e., the original petitioner. The interim directions issued by the learned Single Judge, via the said judgment, were to remain in place for a period of 90 days, as prescribed under Section 9(2) of the 1996 act.
2.1. It appears that this direction was issued, based on an understanding by the learned Single Judge
Interpretation of Section 9(1) and 9(2) of the Arbitration and Conciliation Act, 1996 in the context of granting interim relief and the need for further clarification on the steps taken during the pe....
Interim relief under Section 9(1) of the Arbitration Act does not apply once arbitration proceedings have commenced; directions made under such circumstances may be modified.
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....
The court clarified that the residuary clause in Section 9(1)(ii)(e) of the Arbitration and Conciliation Act does not permit intervention for issues pertaining to fee calculation by the Tribunal.
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 main legal point established in the judgment is that an interim order under section 9 of the Arbitration and Conciliation Act, 1996 must continue to safeguard the interest of the claimant till th....
The main legal point established in the judgment is that interim orders in arbitration proceedings, not falling within the appealable orders under the Act, are not subject to correction by the High C....
The court emphasized the importance of timely action in arbitration proceedings and deemed the appellant's conduct objectionable, leading to dismissal of the appeal and enhancement of costs.
The main legal point established in the judgment is the maintainability of an appeal under section 37(1)(b) of the Arbitration & Conciliation Act, 1996, and the need for clear authority of law for th....
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