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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
C.J.Charles Rajkumar, Proprietor – Appellant
Versus
Rahamathunnisa (died) W/O A.Isfahai – Respondent
| Table of Content |
|---|
| 1. background of arbitration and property at issue (Para 1 , 2 , 3) |
| 2. arguments on maintainability of section 9 application (Para 4 , 5 , 8 , 12) |
| 3. interpretation of enforceability and maintainability (Para 6 , 7 , 13 , 14 , 15) |
| 4. supplemental role of section 9 in execution (Para 16 , 18 , 19 , 21) |
| 5. court powers regarding interim measures (Para 20 , 22 , 24 , 26) |
| 6. inherent powers of the court regarding injunctions (Para 27 , 28 , 29) |
| 7. final directives for court proceedings (Para 30 , 31 , 33 , 35) |
ORDER :
This is an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) seeking an order of ad- interim injunction restraining the respondents from alienating the property which forms the subject matter of the execution petition in EP 31 of 2023 on the file of the Principal District Judge at Chengalpet.
3. The applicant is the decree-holder. The applicant had initiated arbitration proceedings against the respondents which culminated into an arbitral award dated 26.05.2022 awarding a sum of Rs 10,04,25,376 together with interest at the rate of 18 % per annum. The award has remained unchallenged and has become final. The applicant
An application under Section 9 of the Arbitration and Conciliation Act can be maintained post-arbitral award until satisfaction of the award, but the court retains discretion on whether to entertain ....
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
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 of the Arbitration and Conciliation Act allows for interim measures to prevent dissipation of assets pending enforcement of arbitral awards, even before the actual enforcement process.
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....
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.
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
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