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VINOD CHATTERJI KOUL
Khari Hydro Power Project Pvt. Ltd – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. This petition has been preferred under Section 9 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) for grant of following relief:
(ii) With further Orders commanding the Respondents in particular Respondent no.3 to release in due discharge of the Contractual Obligations undertaken by the Respondents under the Power Purchase Agreement dated 21.05.2018, the amount in the sum of INR 6,00,56,413.00 (Six Crores Fifty-Six Thousand Four Hundred and Thirteen only) dues and long overdue and payable to the Applicant Company.
2. The case set up by applicant is that it was allotted Khari-1 Small Hydro Power Development Scheme located at Village Ahama Trigam, Tehsil Banihal-Khari District Ramban, J&K on BOOT (Build Own Operate Transfer) basis, by
The Court emphasized the limited circumstances under which the Court should intervene under Section 9(3) of the Act, 1996 after the constitution of the Arbitral Tribunal, and the alternative remedy u....
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
The main legal point established in the judgment is that the Court applied the principles of strong prima facie case and weighing the balance of convenience in favor of the respondent company in gran....
The relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
The financial distress of a party cannot justify securing unadjudicated claims as interim relief under Section 9 of the Arbitration Act; a prima facie case, balance of convenience, and irreparable ha....
Arbitration Application – Grant if interim relief - Court exercising appellate jurisdiction against an order in a Section 9 application, do not even have jurisdiction
The court can continue to entertain an application for interim relief under section 9 of the Arbitration and Conciliation Act, 1996 after the constitution of the arbitral tribunal if the court has al....
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