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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE ABDUL QUDDHOSE, J
Priya Blue Industries Pvt. Ltd., Bhavnagar – Appellant
Versus
Goseago Multimodal Corporation, Chennai – Respondent
ORDER :
(ABDUL QUDDHOSE, J.)
O.A.Nos.109 and 110 of 2025 have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short “the Act”) seeking for an order of interim injunction to restrain the respondent from moving/removing/handling the materials from Neyveli Lignite Corporation (NLC), which are the subject matter of the agreements dated 26.03.2024 and 06.07.2024; and to restrain the respondent from acting prejudicial to the interest of the applicants by violating the agreements dated 26.03.2024 and 06.07.2024, pending disposal or the resolution of the dispute by the Arbitral Tribunal.
2. A.No.843 of 2025 has been filed seeking to vacate the interim injunction granted by this Court vide its order dated 13.02.2025 passed in O.A.Nos.109 and 110 of 2025.
3. For the sake of convenience and clarity, the parties will be referred to as arrayed in O.A.Nos.109 and 110 of 2025.
4. The applicants claim that the respondent has committed breach of the Composite Agreement for Exclusive Sale and Financial Assistance dated 26.03.2024 (in short “Composite Agreement dated 26.03.2024”). According to the applicants, only on the investment made by them with the respondent amounting to
The court ruled that the subsequent agreement supersedes the initial agreement, establishing jurisdiction at Bhavnagar, and the applicants failed to meet the criteria for an interim injunction.
The absence of a concluded contract precludes the invocation of arbitration under the Arbitration and Conciliation Act, affirming the need for absolute acceptance in contract formation.
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious.
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious, particularly regarding third parties not party....
An Arbitral Tribunal under the Arbitration and Conciliation Act cannot grant interim orders that effectively render final decisions on substantive claims, as this exceeds its jurisdiction.
A settlement agreement that explicitly supersedes an original contract and lacks an arbitration clause is not subject to arbitration, reinforcing the principle of separability.
The initiation of arbitration is impermissible due to an existing moratorium that restrains all legal proceedings, including arbitration, until the related insolvency matters are resolved.
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