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DINESH MEHTA, RAJENDRA PRAKASH SONI
Riddhi Siddhi Infraproject Pvt. Ltd. , Through Its Authorized Representative Om Prakash Kumawat S/o. Bhanwar Lal Kumawat – Appellant
Versus
Anil Industries, Through Its Owner Proprietor/Authorized Reprsentative Anil Dangi – Respondent
JUDGMENT :
(Dinesh Mehta, J.) :
1. Instant appeal which has been preferred under Section 13 of the Commercial Courts Act, 2015, calls in question, the order dated 24.01.2024, passed by the learned Commercial Court, Bhilwara, whereby the appellant’s request for extending the interim order dated 10.10.2023 was refused.
2. The facts precisely narrated are that the appellant had moved an application dated 19.09.2023 under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) with assertion that in relation to an agreement dated 10.12.2009, a dispute has arisen between the parties and as per clause 31 of the said agreement which was to be resolved by way of arbitration. And accordingly, invoking clause 31, the appellant appointed Mr. Satyanarayan Derashri as an Arbitrator and initiated the proceedings as required. But as the respondent is not taking any interest, the proceedings in terms of clause 31 and decision by way of Arbitration is likely to take some time. It was thus, prayed that until the dispute is resolved by the Arbitrator and award is passed, by way of interim measure the respondent be restrained from alienating the property or
Point of law: When a suit or proceeding is not thrown out in limine but the Court receives it for consideration and disposal according to law, it must be regarded as entertaining the suit or proceedi....
Failure to comply with statutory obligations under the Arbitration and Conciliation Act, 1996 results in the expiration of interim orders, necessitating the appointment of an Arbitrator for dispute r....
Orders granting or refusing ex-parte interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are appealable under Section 37, despite the Commercial Courts Act, 2015.
Once an Arbitral Tribunal is constituted, Section 9 of the Arbitration Act prohibits further applications for interim relief unless the party shows that the remedy under Section 17 is ineffective.
The main legal point established in the judgment is the requirement of manifest intention to arbitrate under Section 9 of the Arbitration Act, and the legal effectiveness of an interim order under Se....
The main legal point established is that the jurisdiction and applicability of Section 29A of the Arbitration and Conciliation Act, 1996 should be considered in the context of the appointing authorit....
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