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C. HARI SHANKAR
ONE MOTO SCOOTERS TRADING LLC – Appellant
Versus
CENTRE SYSTEMS GROUP INTERNET CONTENT PROVIDER – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs, pending reference of the disputes between the parties to arbitration and a decision being taken by the learned Arbitrator thereon.
2. Learned Counsel for the parties submit that, after the last date of hearing, an arbitrator has been appointed by the learned London Court of International Arbitration (“the learned LCIA”) on 30th December 2022.
3. Learned Counsel for the parties are agreeable, ad idem, to the interim directions contained in the order dated 2nd June 2022 being made absolute pending disposal of the applications for interlocutory reliefs which they intend to file before the learned arbitrator appointed by the learned LCIA.
4. Accordingly, this petition stands disposed of by making the interim order dated 2nd June 2022 absolute pending disposal of any application for interlocutory reliefs that the parties may seek to file before the learned LCIA in the arbitration proceedings which are presently pending, and to any orders passed therein.
5. The petition stands disposed of accordingly.
6. Needless to say, this order shall be without prejudi
The main legal point established is the recognition of urgency in interim relief and the direction for an expeditious hearing before the learned Arbitrator.
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 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....
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....
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....
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
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....
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