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DELHI HIGH COURT
PRATEEK JALAN
Dr Reddys Laboratories Limited – Appellant
Versus
Alpha Sciences Pte Limited – Respondent
| Table of Content |
|---|
| 1. request for interim measures under arbitration. (Para 1 , 2 , 4) |
| 2. details on the expired agreement and responsibilities. (Para 5 , 6 , 10) |
| 3. petitioner’s attempts to contact respondent. (Para 9 , 12) |
| 4. prima facie case for granting injunction. (Para 16 , 22 , 23) |
| 5. guidelines for mandatory injunctions. (Para 17 , 18 , 19) |
| 6. court orders respondent to issue noc. (Para 24 , 25 , 26) |
JUDGMENT
Prateek Jalan, J. (Oral)--The petitioner has filed this petition under Section 9 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"], for interim measures of protection in anticipation of arbitral proceedings between the parties under an agreement dated 06.05.2016 entitled "Supply Agreement" [hereinafter, "the Supply Agreement"]. The Supply Agreement was extended twice, by way of amendment agreements dated 24.05.2019 and 14.05.2020.
2. Although several reliefs have been claimed in the petition, Ms. Neelima Tripathi, learned Senior Counsel for the petitioner, presses the petition only as far as prayer "a" is concerned, which reads as follows:
"a. Pass an order/mandatory injunction directing the Respondent to issue a no-objection certificate or consent letter
The court emphasized that under Section 9 of the Arbitration Act, it can grant mandatory injunctions when there is a strong prima facie case and balance of convenience favors the petitioner, especial....
A court cannot grant permanent relief under Section 9 of the Arbitration and Conciliation Act, as its provisions are limited to interim measures to support arbitration, not for final outcomes.
The court upheld the rejection of an interim injunction under the Arbitration Act due to the appellant's failure to establish a prima facie case and balance of convenience.
The relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
The main legal point established in the judgment is that once an application is filed under Section 8 of the Arbitration and Conciliation Act, the civil court has no jurisdiction to continue with the....
The main legal point established in the judgment is the wide powers of the court under Section 9 of the Arbitration and Conciliation Act, 1996 to grant interim measures and protect the subject matter....
A party seeking interim relief under Section 9 of the Arbitration & Conciliation Act must demonstrate a manifest intention to invoke arbitration proceedings, which was not established by the petition....
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