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YASHWANT VARMA
Asad Mueed – Appellant
Versus
Hammad Ahmed – Respondent
ORDER
1. This petition under Section 9 of the Arbitration and Conciliation Act, 19961[The Act] has been preferred seeking the following reliefs:
"a) Pass an ex-parte ad-interim order/direction thereby restraining the Respondent No.5 from registering the amended and ratified Memorandum of Association of Jamia Hamdard-Respondent No.4, which has been illegally amended to change the legal status of the HIMSR from a constituent institution to a school:
b) Pass an ex-parte ad-interim order/direction to stay the effect of the minutes of meeting of Jamia Hamdard Society dated 24.01.2023 in furtherance of the impugned minutes dated 05.12.2022 till the disposal of the matter by the Ld. Arbitrator:
c) Pass an ex-parte ad-interim order/direction thereby restraining Respondents No. 1-4 from taking any precipitative action(s) in furtherance of the subject dispute pending adjudication by the Ld. Arbitral Tribunal."
2. dmittedly, the instant petition is not the first foray of the petitioners before this Court seeking reliefs in respect of a resolution dated 05 December 2022 passed by the Jamia Hamdard Society2[JHS] and in terms of which a decision came to be taken for converting the Hamdard Insti
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 jurisdiction limited to arbitration agreement parties for subject-matter preservation; ends upon tribunal constitution unless Section 17 inefficacious; non-signatory third parties cannot in....
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.
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.
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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