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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN, MUKESH RAJPUROHIT
Indian Hotels Company Limited – Appellant
Versus
Jai Mahal Hotels Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal under arbitration act initiated. (Para 1) |
| 2. background and jurisdictional challenges discussed. (Para 4 , 5 , 6) |
| 3. provision for interim measures in arbitration highlighted. (Para 9 , 10) |
| 4. limitations of appellate review under the arbitration act noted. (Para 12 , 13) |
| 5. essentials for interim relief under section 9 outlined. (Para 14 , 15 , 16) |
| 6. equity in litigation and restitution principles emphasized. (Para 18 , 19) |
| 7. duty to restore other party's losses when court orders benefit one party. (Para 21 , 22) |
| 8. excess land usage not endorsed by arbitration terms. (Para 23 , 24) |
| 9. application for stay denied, case dismissed. (Para 26 , 27 , 28) |
Order :
MUKESH RAJPUROHIT (V. J.), J.
1. Instant D.B. Civil Miscellaneous Appeal is filed by appellant-petitioner filed under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘Act of 1996’) aggrieved and dis-satisfied from order dated 28.03.2025 in misc. application No. 01/2025 (CIS No. 2/2025) passed by learned Commercial Court No.1, Jaipur Metro, Jaipur whereby an application under Section 9 of Act of 1996 was allowed on certain conditions.
2. By this order we are only considering stay a
A Commercial Court cannot impose unjust conditions in interim relief without jurisdiction, especially when disputes fall under the purview of an Arbitral Tribunal.
Interim injunction – Jurisdiction under Section 9 of Arbitration and Conciliation Act, 1996, is not an adjudicatory substitute for final determination of rights, but a supportive mechanism to facilit....
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.
Point of law: Arbitration - Interim relief -order of interim relief granted under the impugned order by allowing the application filed under Rules 1 and 2 of Order XXXIX of the said Code is illegal a....
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....
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.
The court affirmed that under the Arbitration and Conciliation Act, courts cannot re-evaluate the merits of an arbitral award and must adhere to jurisdictional limits under Section 34.
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