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YASHWANT VARMA
Tahal Consulting Engineers India Pvt. Ltd. – Appellant
Versus
Promax Power Ltd. – Respondent
ORDER
1. These two appeals preferred under Section of the 37(2)(b) of the Arbitration and Conciliation Act,1996 [Act] assail the order of 19 September 2022 passed by the Arbitral Tribunal. The appellant in Arb. A.(COMM) No.92/2022 has additionally questioned the validity of the order dated 14 November 2022. The order of 19 September 2022 has been passed on applications made by respective parties purporting to be under Section 17 of the Act. By the order of 14 November 2022, the Arbitral Tribunal has proceeded to reject an application moved by the appellant in Arb. A. (COMM) No.92/2022 seeking review of the order dated 19 September 2022 and additionally dismissing an application made for an interim Award being rendered. For the sake of convenience, the appellant in Arb. A. (COMM) No.89/2022 shall be referred to as "Tahal" and the appellant in Arb. A. (COMM) No.92/2022 as "Promax".
2. The dispute between the parties emanates from a sub-contract which was awarded by Tahal to Promax in connection with the work awarded to the former by the Bangalore Water Supply and Sewerage Board [BWSSB] for improvement of the water supply distribution system, reduction in UFW and leakage control in
The main legal point established in the judgment is that the Court applied the principles of strong prima facie case and weighing the balance of convenience in favor of the respondent company in gran....
Section 9 of Arbitration and Conciliation Act grants wide powers to courts for securing amounts in dispute to prevent asset diminishment before enforcement of arbitral awards.
An attachment before judgment requires a strong prima facie case and demonstration of urgency, which the appellant failed to establish.
The arbitral tribunal has broad powers to issue interim measures under the Arbitration and Conciliation Act, ensuring protection of claims during ongoing proceedings.
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....
The discretionary power under section 17 of the A&C Act should be exercised sparingly and not to convert indeterminate and unsecured counter-claims into secure claims.
An appeal under Section 37 of the Arbitration and Conciliation Act necessitates a strong prima facie case and balance of convenience when seeking interim relief, with minimal judicial interference in....
Appellants must establish a strong prima facie case for interim relief under Section 9 of the Arbitration Act; failure results in dismissal of appeal for lack of urgency.
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