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CHANDRA DHARI SINGH
Fedders Electric and Engineering Limited – Appellant
Versus
Srishti Constructions – Respondent
JUDGMENT :
CHANDRA DHARI SINGH, J.
The instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter “Act”) has been filed on behalf of the petitioner seeking the following reliefs:—
(b)the proceedings before the Ld. Sole Arbitrator be commenced de nova protecting the interim orders already passed;
OR IN THE ALTERNATE
(c) the issue with regard to the genuineness or otherwise of the photocopy of the forged and fabricated bi-partite agreement dated 29.3.2019 and the original bi-partite agreement be first decided by the Ld. Sole Arbitrator in accordance with law before proceeding any further in the matter.
(d) pass such other or further orders as this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case.”
FACTUALMATRIX
2. The petitioner is engaged in the business of Engineering, Procurement and co
The main legal point established in the judgment is that under Section 9(3) of the Arbitration and Conciliation Act, 1996, the Court should intervene only in exceptional circumstances when the Arbitr....
A party seeking interim relief under Section 9 of the Arbitration & Conciliation Act must demonstrate a manifest intention to invoke arbitration proceedings, which was not established by the petition....
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.
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Effective service of an arbitral award must be made directly to the parties involved; service on an employee does not suffice to commence the limitation period.
The relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
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