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YASHWANT VARMA
PACIFIC DEVELOPMENT CORPORATION LIMITED – Appellant
Versus
DELHI METRO RAIL CORPORATION LTD. – Respondent
JUDGMENT :
YASHWANT VARMA, J.
1. The Court by means of the present order, and with the consent of parties, proposes to dispose of these two connected petitions. While O.M.P. (I) (COMM.) No. 295/2022 has been preferred under Section 9 of the Arbitration and Conciliation Act, 1996 [The Act], ARB. PET. No. 1303/2022 came to be instituted subsequently and seeks the constitution of an Arbitral Tribunal in accordance with the provisions of Section 11(4) and (6) of the Act.
2. The record would reflect that on the petition preferred under Section 9, on 03 November 2022 a learned Judge of the Court proceeded to pass the following order:
2. In other words, respondent is not agreeable for appointment of an Arbitrator. She states, reply shall be filed by Tuesday, i.e. November 8, 2022.
3. Till the next date of hearing, status quo with regard to invocation of the bank guarantee, which is the subject matter of the present petition, shall be maintained.
4. List on November 14, 2022.”
It is that order which has continued till these two petitions were taken upon for final
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.
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 dismissed the petition, stating that the Tribunal had the authority to grant interim measures and that the petitioners had failed to demonstrate that the Section 17 remedy was inefficacious....
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
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....
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