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MANOJ KUMAR GUPTA, JAYANT BANERJI
Regional Manager U. P. State Road Transport Corporation – Appellant
Versus
Krishna Brothers Through Its Proprietor Shri Krishna Jaiswal – Respondent
JUDGMENT :
1. Heard Sri Vivek Saran, learned counsel for the appellant and Sri Rajesh Chandra Dwivedi for the respondent. With their consent, the instant appeal is being disposed of finally at this stage itself.
2. The instant appeal is directed against the order dated 17.5.2022, passed by Presiding Officer, Commercial Court, Varanasi, in Arbitration Misc. Case No. 4/2022, allowing the application of the respondent, purportedly filed under Section 9 of the Arbitration and Conciliation Act, 1996. The appellant has been directed to pay a sum of Rs. 12,72,783/-to the respondent within one month, along with interest @ 7% per annum, since 24.1.2022, by way of damages. Thereby the application under Section 9 is "decreed with cost".
3. The brief facts of the case are that a work order dated 17.12.2018 was issued by the appellant in favour of the respondent for supply of bottles of mineral water. The respondent had deposited Rs. 30,000/-as security money, in terms of the work order. The work order was for limited period, till permanent arrangement in this behalf is made by the Headquarter at Lucknow.
4. The case of the respondent is that it had supplied the goods in pursuance of the contract,
Arbitration Application – Grant if interim relief - Court exercising appellate jurisdiction against an order in a Section 9 application, do not even have jurisdiction
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Point of law: When a suit or proceeding is not thrown out in limine but the Court receives it for consideration and disposal according to law, it must be regarded as entertaining the suit or proceedi....
A party must demonstrate a manifest intention to initiate arbitration to seek interim measures under Section 9 of the Arbitration & Conciliation Act.
The scope of Section 9 of the Arbitration and Conciliation Act is limited to interim protective measures and does not extend to enforcement of the award or granting the fruits of the award to the awa....
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.
(1) There is no hard and fast rule that application made earlier in point of time must be heard before application made later in point of time.(2) Under Section 36 of Arbitration and Conciliation Act....
The Court emphasized the limited circumstances under which the Court should intervene under Section 9(3) of the Act, 1996 after the constitution of the Arbitral Tribunal, and the alternative remedy u....
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