Back
SUBODH ABHYANKAR
VIRENDRA SINGH MEHTA – Appellant
Versus
HEMANT MEHTA – Respondent
ORDER : – This review petition has been filed by the review petitioners under section 114 read with Order 47, Rule
1 of the Code of Civil Procedure, 1908 read with Article 215 of the Constitution of India for review of the judgment dated 4-5-2022 (Annexure RP/1) passed in Arbitration Appeal No. 35/2018.
2. The case of the review petitioners is that the aforesaid Arbitration Appeal (AA No. 35/2018) was filed by the petitioners against the order dated 21-3-2018, passed by the learned 12th Additional District Judge, Indore in Miscellaneous Judicial Case (MJC No. 02/2016), under section 9 of the Arbitration and Conciliation Act, 1996 (herein after referred to as the Act of 1996), whereby the application filed by the petitioners for temporary injunction was rejected.
3. AA No. 35/2018 was dismissed by this Court with the following observations : –
“39. Also heard A. A. No. 35/2018, being an appeal against the order 21-3-2018 passed by the learned XII Additional District Judge, Indore in MJC No. 2/2016 under section 9 of the Arbitration and Conciliation Act, 1996. Considering the fact that this appeal is pending since 2008 and the original case is of 2002, and there is no interim relief
The main legal point established in the judgment is that an interim order under section 9 of the Arbitration and Conciliation Act, 1996 must continue to safeguard the interest of the claimant till th....
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
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....
The court established that while Section 9 allows for court intervention in arbitration matters, it can only do so if the remedy under Section 17 is found to be ineffective, particularly when third p....
The court clarified that once an application for interim relief under Section 9 of the Arbitration Act is entertained, it can proceed despite the constitution of an Arbitral Tribunal, unless the reme....
Pendency of proceedings in the writ petition are essentially in public domain.
Orders granting or refusing ex-parte interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are appealable under Section 37, despite the Commercial Courts Act, 2015.
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
