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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Savita Jain Sole Proprietor of Ms Navkar Sales – Appellant
Versus
Krishna Packaging – Respondent
| Table of Content |
|---|
| 1. introduction of the case and order (Para 1) |
| 2. arguments regarding admitted liability and urgency (Para 2 , 5 , 6 , 7) |
| 3. financial condition and balance sheet assertions (Para 3 , 11 , 13) |
| 4. judicial discretion and principles for section 9 (Para 8 , 9 , 10 , 12) |
| 5. appellant's protection regarding admitted amount (Para 14) |
| 6. final order directing bank guarantee (Para 15) |
JUDGMENT
Manmohan, J.
CM APPL. 8706/2021
Allowed, subject to just exceptions.
Accordingly, the application stands disposed of.
CM APPL. 8705/2021
Keeping in view the averments in the application, the delay in filing the present appeal is condoned.
Accordingly, the application stands allowed.
FAO (COMM) 62/2021 & CM APPL. 8704/2021
1. Present appeal has been filed challenging the order dated 26th November, 2020 passed in OMP (I) (Comm.) No. 119/2020 (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
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....
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.
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 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 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 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 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 ....
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