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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, NAJMI WAZIRI
Avon Healthcare Private Limted – Appellant
Versus
Trade International – Respondent
| Table of Content |
|---|
| 1. appeal concerns dismissal of section 9 petition. (Para 3) |
| 2. appellant's claim linked to asset protection during arbitration. (Para 4 , 5) |
| 3. question of non-party’s liability discussed. (Para 6 , 7) |
| 4. claim against non-party based on fraudulent transfer. (Para 8 , 9) |
| 5. jurisdictional limits of section 9 explored. (Para 10 , 14) |
| 6. court has queried interim measures against non-parties. (Para 11 , 12) |
| 7. dismissal of appeal with liberty for legal remedy. (Para 15 , 18) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J.
C.M. No. 14837/2021(for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
FAO(OS) (COMM) 67/2021 & C.M. No. 14838/2021(for ad-interim ex-parte stay)
3. This appeal, under Section 37 of the Arbitration and Conciliation Act, 1996, impugns the order dated 15th February, 2021 of dismissal of OMP(I)(COMM) No.143/2020 under Section 9 of the Arbitration Act preferred by the appellant.
4. It is the case of and the argument of the counsel for the appellant, (i) that the appellant had made monetary claims against the respondent no.1 Trade International, Sole Proprietorship of P.K. Handa and
Only parties to an Arbitration Agreement may be subject to interim measures under Section 9; issues of property transfer and claims must be adjudicated in proper suits.
Conflicting orders on securing the award amount and the applicability of Section 9 to restrain a non-party to the arbitration proceedings.
The court established that while Section 9 allows for court intervention in arbitration matters, it can only do so if the remedy under Section 17 is found to be ineffective, particularly when third p....
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious, particularly regarding third parties not party....
Section 9 of the Arbitration and Conciliation Act allows for interim measures to prevent dissipation of assets pending enforcement of arbitral awards, even before the actual enforcement process.
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 arbitral tribunal has broad powers to issue interim measures under the Arbitration and Conciliation Act, ensuring protection of claims during ongoing proceedings.
Pendency of proceedings in the writ petition are essentially in public domain.
The main legal point established in the judgment is that an interim order under section 9 of the Arbitration and Conciliation Act, 1996 must continue to safeguard the interest of the claimant till th....
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