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SACHIN DATTA
Gls Foils Products Pvt. Ltd. – Appellant
Versus
Fws Turnit Logistic Park Llp – Respondent
JUDGMENT
Sachin Datta, J. The present petition under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (the "Act") has been filed assailing the order dated 09.06.2022, passed by the learned arbitrator on an application under Section 17 of the Act, filed by the respondent no.1.
FACTUAL BACKGROUND
2. The disputes between the parties have arisen in the context of a Joint Venture Agreement ("JVA") dated 30.08.2019, between the respondent no.1 (claimant before the Arbitral Tribunal) and the respondent nos.2 to 8 herein, to develop a warehousing project on a property i.e.(i) Khewat No. 139 Rect. No. 25 Killa No. 21(8-0), 22(8-0), 23(8-0), 24/1 (5-16) and Rect. No. 26 Killa No. 2/111 (2-3), 9/2/2(2-8) and Rect. No. 31 Killa No. 3(8-0), 4(8-0), 5/1 (2-4) ad-measuring 6 Acre 4 Kanal 11 Marla situated in the revenue estate of Village Nangalia, Tehsil Palhawas, District Rewari, Haryana and (ii) Khewat No. 140 Min Khatauni No. 149 Min Rect. No. 25 Killa No. 16(8-0), 17(8-0), 18(7-18), 19(7-16), 20(8-0), 24/2(2-4), 25(8-0) and Rect. No. 25 Killa No. 26/1(0-6) and Rect. No. 26 Killa No. 2/112(1-19), 9/2/1(2-4) admeasuring 54 Kanal 7 Marla total Field 10, total admeasuring 54 Kanal 7
The court upheld the specific performance of the Joint Venture Agreement and granted interim measures under Section 17 of the Arbitration and Conciliation Act to prevent the appellant from disrupting....
Principle of minimum judicial intervention is one of fundamental tenets of arbitration law.
An appellate court exercising jurisdiction under Section 37 should not interfere with an Arbitral Tribunal's discretionary interim orders unless the exercise of discretion involves perversity, capric....
In a contract for sale of immovable property, normally it is presumed that time is not the essence of the contract. Even if there is an express stipulation to that effect, the said presumption can be....
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 that the order passed by the Arbitrator under section 17(1)(ii)(b) of the Arbitration and Conciliation Act, 1996 was a proper exercise of jurisdict....
The arbitration agreement binds all parties, including non-signatories, and disputes must be referred to arbitration despite objections on limitation and jurisdiction.
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