Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI
A. Chidambaram – Appellant
Versus
S. Rajagopal – Respondent
| Table of Content |
|---|
| 1. interim injunctions sought in arbitration (Para 1 , 2 , 3) |
| 2. overview of court hearing and submissions (Para 4 , 8 , 16 , 17) |
| 3. arguments on maintainability under section 9 (Para 5 , 6 , 10 , 11 , 12) |
| 4. court's reasoning against interim relief for unsuccessful parties (Para 18 , 24 , 29) |
| 5. applications dismissed as not maintainable (Para 33) |
ORDER :
P.B. BALAJI, J.
O.A.No.843 of 2024 has been filed seeking an interim injunction restraining the 5th respondent and their men, agents, servants or any other persons claiming through them or authorised by them, from in any manner entering into a contract, transaction or deed or in any manner from dealing, creating encumbering and from parting with possession of the said property described in Schedule A hereunder owned by the applicant, pending hearing and disposal of the petition to be filed under Section 34 of the Arbitration and Conciliation Act.
2.A.No.776 of 2024 has been filed directing respondents 1 and 2 to furnish security equivalent to the value of the claim filed before the Arbitral Tribunal, failing which, this Court may be pleased to direct attachment of the property described in the Schedule B to H hereunder
An unsuccessful party in arbitration cannot invoke Section 9 of the Arbitration and Conciliation Act for interim relief post-award, to protect the successful party's interests.
An unsuccessful party in arbitration cannot invoke Section 9 of the Arbitration and Conciliation Act for interim relief post-award as the provision aims to protect the successful party's interests.
Unsuccessful party in arbitration can maintain Section 9 petition post-award before enforcement, as 'a party' means any party to arbitration agreement without successful/unsuccessful distinction; hig....
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
Unsuccessful party may invoke post-award Section 9 for interim measures like bank guarantee extension in rare compelling cases meeting higher threshold, preserving disputed amounts pending Section 34....
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....
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
Section 9 jurisdiction limited to arbitration agreement parties for subject-matter preservation; ends upon tribunal constitution unless Section 17 inefficacious; non-signatory third parties cannot in....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
