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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Savita Jain Sole Proprietor of Ms Navkar Sales – Appellant
Versus
Krishna Sales Rajni Malpani, Sole Proprietor – Respondent
| Table of Content |
|---|
| 1. appeal challenges dismissal order (Para 1) |
| 2. apellant argues admitted liability (Para 2 , 3) |
| 3. respondent asserts no urgent need established (Para 4 , 5 , 6) |
| 4. court discusses powers under section 9 (Para 7 , 8) |
| 5. court determines respondent's admitted liability (Para 9 , 10 , 11 , 12 , 13) |
| 6. court orders bank guarantee for admitted amount (Para 14 , 15) |
JUDGMENT
Manmohan, J.
CM APPL. 5043/2021
Allowed, subject to just exceptions.
Accordingly, the application stands disposed of.
FAO (COMM) 29/2021 & CM APPL. 5042/2021
1. Present appeal has been filed challenging the order dated 08th January, 2021 passed in OMP (I) (Comm.) No. 116/2020 (hereinafter referred to as `the impugned order') whereby the petition filed by the appellant/petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act, 1996') was dismissed with costs.
ARGUMENTS ON BEHALF OF THE APPELLANT
2. Learned counsel for the appellant/petitioner stated that the respondent had itself in its ledger sent along with email dated 28th August, 2020 admitted liability towards the appellant/petitioner to the tune of Rs.14,73,292.99/- out of Rs.31,55,228/-. He subm
The court emphasized that an interim order under Section 9 must be granted when there is evidence of admitted liability to avoid making arbitration proceedings infructuous.
The court clarified that admitted liabilities in financial statements should be protected under Section 9, emphasizing the need for timely interim relief in arbitration to prevent infructuous proceed....
Arbitration – Admitted liability - if an Award is passed by the Arbitrator, the same is executable and is not rendered infructuous.
Point of law: It is settled law that arbitration clause can be invoked only when there are differences and disputes with regard to certain payments or breach of obligations of respective parties of t....
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....
The main legal point established in the judgment is the admissibility and weight of evidence under the Act, 1996, and the limited scope of interference under Sections 34 and 37 of the Act, 1996.
The court emphasized the need to balance equities between the parties and highlighted the importance of following contractual provisions for submission of the final bill and processing thereof.
The main legal point established in the judgment is the applicability of Section 9 of the Arbitration and Conciliation Act, 1996 to international commercial arbitration, and the court's authority to ....
Section 8 of the Arbitration and Conciliation Act, 1996 has a mandatory effect, and once the conditions are fulfilled, the court is obligated to refer the parties to arbitration.
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