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CHANDRA DHARI SINGH
Sunita Garg – Appellant
Versus
Scraft Product (P. )Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. 8308/2023 (Exemption)
Exemption allowed subject to just exceptions.
The application stands disposed of.
O.M.P.(I) (COMM.) 130/2023
1. The instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter "The Act, 1996") has been filed on behalf of petitioner seeking the following reliefs:
"(i) The respondents No.1 may be directed to deposit a sum of Rs 71, 54,865/- (Rupees Seventy-One Lakhs Fifty-Four Thousand Eight Hundred and Sixty-Five only) before the Hon'ble Court and arrears of rent mentioned in para No.5 in the petition.
(ii) The respondent No.1 may be directed to furnish bank guarantee towards payment of arrears of rent.
(iii) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may be passed in favour of the petitioner and against the respondents."
2. Learned counsel for the petitioner submitted that the petitioner inter alia seeks the interim injunction directing the respondent No. 1 to deposit a sum of Rs. 71,54,865/- along with GST @ 18% in the form of bank guarantee in the Court.
3. It is submitted that the petitioner is the owner of the property bear
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....
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 liability of the appellant to pay outstanding rent and maintenance charges was not restricted by a previous order, and the application under Section 9 of the Arbitration and Conciliation Act, 199....
Interim injunction – Jurisdiction under Section 9 of Arbitration and Conciliation Act, 1996, is not an adjudicatory substitute for final determination of rights, but a supportive mechanism to facilit....
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 relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
The court upheld the rejection of an interim injunction under the Arbitration Act due to the appellant's failure to establish a prima facie case and balance of convenience.
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