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JYOTI SINGH
Rudrabhishek Enterprises Limited – Appellant
Versus
Shreemaa Infrarealty Private Limited – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present petition has been filed by the Petitioners under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') seeking the following reliefs:
"(i) Pass an ad-interim ex-parte order thereby granting stay on illegal termination vide termination notices dated 19.12.2022 (Document-H) and 20.12.2022 (Document-J);
(ii) Pass an ad-interim ex-parte order directing the respondents not to re-arrange/assign any work covered under the EPCM Agreement to any third party or by itself;
(iii) Pass an ad-interim ex-parte order directing the respondents to furnish a security equivalent to the petitioners' claim of Rs.9,19,65,915/- (Nine Crore Nineteen Lakh Sixty Five Thousand Nine Hundred and Fifteen Rupees Only) in order to secure the amount in dispute;"
2. Disputes arose between the parties with respect to the Engineering, Procurement, Construction and Marketing Agreement (`EPCM') dated 25.06.2018. By the said Agreement the Respondent awarded a Residential Township project `Shri Krishna Vilas Project' to the Petitioners on turnkey basis for a period of five years, which according to the Petitioners commenced from the date o
The main legal point established is the recognition of urgency in interim relief and the direction for an expeditious hearing before the learned Arbitrator.
The issuance of a termination notice does not terminate the contract if the affected party invokes arbitration within the stipulated period as per the agreement's clause.
The central legal point established is the enforcement of the dispute resolution mechanism and the appointment of a sole arbitrator as per the Contract Agreement and the Arbitration and Conciliation ....
The main legal point established in the judgment is that in the case of a determinable contract, no injunction against termination and enforcement of the contract can be issued.
The purpose of Section 9 of the Arbitration and Conciliation Act, 1996 is to protect the interest of parties for a limited period and limited purpose, and arbitral proceedings must commence within th....
The relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
The court reinforced arbitration principles, emphasizing the arbitral tribunal's autonomy and the need for judicial restraint regarding the merits of ongoing arbitration disputes.
The relief sought under Section 9 of the Arbitration Act must be in the nature of interim measures to protect the subject matter of the arbitration and cannot extend to permanent injunctions.
The Court affirmed the power of the Court under section 9 of The Arbitration and Conciliation Act, 1996 to grant interim measures for preservation of the subject matter of arbitration, and clarified ....
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