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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
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 application No. 2459/2025, wherein the appellant has made a prayer to stay effect and operation of para Nos. 77 to 80 of impugned order dated 28.03.2025.
3. Before considering the stay application we are reproducing para Nos. 77 to 80 as under:-
77-c'krsZ fd fo}ku e/;LFkrk vf/kdj.k ds vfUre iapkV ds v/;/khu (subject to final award passed by the learned Arbitral Tribunal) izkFkhZ dh vksj ls vizkFkhZ dks fnukad 02-06-1984 ls fnukad 31-05-2024 rd dh vof/k esa vf/kd mi;ksx esa fy;s tk jgs {ks= ds cnys ykblsal Qhl ds rkSj ij :i;s 1]52]00]000@& ¼:i;s ,d djksM+ ckou yk[k½ dh jkf'k dh 90 fnol ds vUnj vnk;xh dh tkosxh rFkk fnukad 01-06-2024 ls c<+h gqbZ ykblsal Qhl dh jkf'k :i;s 84
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....
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.
The court emphasized the need to balance equities between the parties and highlighted the importance of following contractual provisions for submission of the final bill and processing thereof.
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