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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI
A. Chidambaram – Appellant
Versus
S. Rajagopal – Respondent
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 owned by the respondents 1 and 2 worth about Rs.5 crores herein pending disposal of the petition to be filed under Section 34 of the Arbitration and Conciliation Act, in continuation of the earlier order of this Court dated 26.02.2018.
3.This Court, by an order dated 30.10.2024, passed an ex-parte order even before notice was ordered to the respondents, grant
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.
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.
Sub-section (3) of Section 9 provides for restriction of exercise of powers by the Court and it has to decide whether the remedy provided under section 17 is efficacious or not.
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