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DELHI HIGH COURT
RAJIV SHAKDHER, JASMEET SINGH
National Highways Authority of India – Appellant
Versus
Supreme Panvel Indapur Tollways Private Limited – Respondent
| Table of Content |
|---|
| 1. disputes and previous orders regarding termination notices. (Para 2 , 3) |
| 2. contentions regarding the implications of the stay order. (Para 4 , 5) |
| 3. direction to arbitral tribunal for dispute resolution. (Para 6) |
| 4. conclusion and disposal of the appeal. (Para 7) |
| 5. temporary measures pending arbitral tribunal's decision. (Para 8 , 9) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)--On the previous date, i.e., 16.03.2022, we had heard the learned counsel for the parties at some length, and, thereafter, captured, in a sense, the lay of the land.
2. For the sake of convenience, the relevant part of the order dated 16.03.2022 is set forth hereafter:
"1. This appeal is directed against the order dated 08.02.2022, passed by the learned single judge in OMP(I)(Comm) No.382/2021.
2. To be noted, this order was passed in a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 [in short, "the Act"] by the respondent.
3. The record shows that the petitioner and the respondent, inter alia, entered into a Concession Agreement dated 21.01.2011 [in short "CA"].
3.1. It appears that the disputes arose between the parties
The court reinforced arbitration principles, emphasizing the arbitral tribunal's autonomy and the need for judicial restraint regarding the merits of ongoing arbitration disputes.
Interim relief under Section 9(1) of the Arbitration Act does not apply once arbitration proceedings have commenced; directions made under such circumstances may be modified.
The court emphasized the importance of timely action in arbitration proceedings and deemed the appellant's conduct objectionable, leading to dismissal of the appeal and enhancement of costs.
The residuary clause of Section 9(1)(ii) of the Arbitration and Conciliation Act, 1996 does not cover orders passed by the Tribunal concerning the calculation of fee based on the interpretation of th....
The court clarified that the residuary clause in Section 9(1)(ii)(e) of the Arbitration and Conciliation Act does not permit intervention for issues pertaining to fee calculation by the Tribunal.
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 ....
Interpretation of Section 9(1) and 9(2) of the Arbitration and Conciliation Act, 1996 in the context of granting interim relief and the need for further clarification on the steps taken during the pe....
The relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
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