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2017 Supreme(Ker) 780

SHAJI P.CHALY
Female Health Company UK PLC. , represented herein by its Power of Attorney Holder Manmeet Singh Gulati – Appellant
Versus
HLL Lifecare Limited, represented by its Managing Director – Respondent


Advocates Appeared:
For the Petitioner: K.N. Sivasankaran, Sunil Shanker
For the Respondent: E.K. Madhavan, V. Krishna Menon, Uma Gopinath, J. Surya, Prinsun Philip

JUDGMENT :

1. This is an application filed by the petitioner invoking Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking an interim measure before commencement of the arbitral proceedings. Initially, the registry has noted a defect with respect to the request made by the petitioner before this Court to secure an interim measure under Section 9 of the Act, 1996, especially as per the agreement, the place of arbitration is designated in Singapore. The said question was considered by this Court and passed an order dated 20.2.2017, after hearing rival parties, whereby it is held that, as provided under sub section (2) of Section 2 of the Act it is evident that, subject to an agreement to the contrary the provisions contained in Section 9 shall apply to international commercial arbitration, even if the place of arbitration is outside India, if an arbitral award made/to be made in such place is enforceable and recognized under provisions of Part II of Act, 1996. It is also found that the agreement specifically provides, the agreement shall be const




















































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