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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Khurana Educational Society (Regd.) – Appellant
Versus
Shashi Bala – Respondent
| Table of Content |
|---|
| 1. introduction of appeal under a&c act (Para 1 , 2) |
| 2. arbitration proceedings background and claims (Para 3) |
| 3. appellant's contentions against interim order (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. respondent's arguments supporting interim order (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. appellate jurisdiction under section 37 (Para 16 , 17) |
| 6. understanding the section 17 jurisdiction (Para 18 , 19 , 20 , 21 , 22) |
| 7. analysis of the impugned order (Para 23 , 24 , 25) |
| 8. failure to meet standards for interim relief (Para 26 , 27 , 28 , 29 , 30) |
| 9. precedent on interim measures and respect for arbitration (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 10. effects of financial obligations on educational institutions (Para 37 , 38 , 39 , 40 , 41) |
| 11. court's findings on arbitrator's overreach (Para 42 , 43) |
| 12. conclusion on interference with interim order (Para 44 , 45 , 46 , 47 , 48 , 49 , 50) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present Appeal under Section 37 (2)(b) of theArbitration and Conciliation Act, 1996 , A&C Act has been preferred by the Appellant- Society assailing theOrder dated 16.09.2025 , Impugned Order passed by the learned Sole Arbitrator in arbitral proceedings titled ―Sm
The court ruled that interim relief under Section 17 of the Arbitration Act cannot effectively adjudicate final rights or impose substantial financial burdens without trial, emphasizing the importanc....
The court emphasized that interim reliefs must demonstrate urgency and evidence of asset dissipation; unpleaded restraints violate natural justice, requiring adherence to procedural safeguards.
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.
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....
An Arbitral Tribunal under the Arbitration and Conciliation Act cannot grant interim orders that effectively render final decisions on substantive claims, as this exceeds its jurisdiction.
The discretionary power under section 17 of the A&C Act should be exercised sparingly and not to convert indeterminate and unsecured counter-claims into secure claims.
The arbitral tribunal has broad powers to issue interim measures under the Arbitration and Conciliation Act, ensuring protection of claims during ongoing proceedings.
Principle of minimum judicial intervention is one of fundamental tenets of arbitration law.
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