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DELHI HIGH COURT
RAJIV SHAKDHER, POONAM A.BAMBA
Jasmine Buildmart Pvt. Ltd. – Appellant
Versus
Neeru Jain – Respondent
| Table of Content |
|---|
| 1. modification of interim orders under the arbitration act (Para 1 , 2) |
| 2. request for further clarification on interim steps (Para 3) |
| 3. conclusion allowing appellant to seek clarification (Para 4 , 5) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J.(Oral)--This appeal is directed against the order dated 27.07.2020, passed by the learned Single Judge in IA No.721/2020 in O.M.P. (I) (COMM.) No.280/2019.
1.1. A perusal of the order dated 27.07.2020 would show that there were several other interlocutory applications [IAs] moved, which were also dealt with by the learned Single Judge via very same order. Suffice it to state that these applications, including the application adverted to hereinabove i.e., I.A. No.721/2020, were applications moved by the original petitioners (including the respondent herein) for clarification/modification of the judgment dated 21.10.2019.
2. The learned Single Judge, via judgment dated 21.10.2019, had, in exercise of powers vested in her under Section 9(1) of the Arbitration and Conciliation Act, 1996 [in short, `1996 Act'], passed an interim order in favour of the respondent i.e., the original petitioner. T
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.
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 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 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 once an application for interim relief under Section 9 of the Arbitration Act is entertained, it can proceed despite the constitution of an Arbitral Tribunal, unless the reme....
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 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....
The court appointed a retired judge as a sole arbitrator for disputes under the Arbitration Act, allowing the appellant to pursue interlocutory applications while emphasizing that the merits of the c....
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