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AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Hopeberry Diagnostics and Healthcare LLP, New Delhi – Appellant
Versus
Philips India Ltd. , Gurugram – Respondent
| Table of Content |
|---|
| 1. lease agreement and alleged defaults (Para 1 , 4 , 5 , 6 , 7) |
| 2. arguments regarding interim relief and arbitration initiation (Para 8 , 9 , 10 , 11 , 12) |
| 3. respondent's justification for invoking arbitration (Para 13 , 14) |
| 4. court's observations on jurisdiction and interim measures (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. dismissal of appeal with no further orders (Para 22 , 23 , 24) |
JUDGMENT
Augustine George Masih, J.
Challenge in this appeal is to the order dated 17.12.2022 passed by the Presiding Judge, Exclusive Commercial Court at Gurugram, whereby the petition under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act') preferred by the respondent - Philips India Limited, stands allowed.
2. Notice of motion.
3. Mr. Amandeep S. Talwar, Advocate, has put in appearance on behalf of the respondent. Caveat stands discharged.
4. Brief facts of the case are that a lease agreement dated 25.10.2019 was duly executed between the appellants and the respondent, wherein medical equipments i.e. 3T MRI-Ingenia CX 3T, 128 Slice CT- Ingenuity Elite CT and Intellispace Portal JX/LX along with third party items of the respondent
The liability of the appellant to pay outstanding rent and maintenance charges was not restricted by a previous order, and the application under Section 9 of the Arbitration and Conciliation Act, 199....
The grant of interim directions resembling the main relief is not permissible in law, and the revival of the lease agreement could not be granted as an interim measure.
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....
The Court has plenary powers under section 9 of the Arbitration and Conciliation Act, 1996 to grant interim relief and secure the amount in dispute in arbitration.
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.
Immediate intention to refer the dispute to arbitration is a prerequisite for granting interim relief under Section 9 of the Arbitration and Conciliation Act.
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