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VIVEK RUSIA, GAJENDRA SINGH
Union of India – Appellant
Versus
Nataskee Incorporation – Respondent
ORDER
Rusia, J:--
1. This Arbitration Appeal under section 37 of the Arbitration and Conciliation Act, 1996 has been preferred against the order dated 25.2.2025 passed by the learned District Judge, Commercial Court, Indore in MJC AV No. 12 of 2025 whereby the learned Court while exercising powers under section 9 of the Arbitration and Conciliation Act, 1996 granted interim relief in favour of the Respondent.
THE FACTS OF THE CASE, IN SHORT, ARE AS UNDER:-
2. Appellant No.2 i.e. Divisional Manager, Western Railway, Ratlam had issued a Notice Inviting Tender (NIT) bearing No. EL-2024-2025-09 dated 27.7.2024 of installation of Solar Grid systems at various locations within the Ratlam Railway Division. The Respondent participated in the tendering process and was declared the lowest bidder (L1).
3. Consequently, a Letter of Acceptance (LOA) was issued in favour of the respondent on 29.11.2024. As per the terms of the LOA and the Indian Railways General Conditions of Contract (GCC), 2022, the Respondent was mandatorily required to submit a Performance Guarantee (PG) within 21 days, i.e., on or before 20.12.2024 with a provision for extension up to 60 days i.e. till 27.1.2025 on payment of
Granting or refusing to grant any measure and set aside an arbitral award - No final adjudication of Section 9 application nor does impugned order finally decide same - Decision in application under ....
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.
Arbitration Application – Grant if interim relief - Court exercising appellate jurisdiction against an order in a Section 9 application, do not even have jurisdiction
Failure to comply with statutory obligations under the Arbitration and Conciliation Act, 1996 results in the expiration of interim orders, necessitating the appointment of an Arbitrator for dispute r....
(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....
Arbitration agreement - Order of termination of contract - Jurisdiction of learned Arbitrator having been circumscribed by the order of reference of this Court, no fault can be found with interpretat....
The absence of a concluded contract precludes the invocation of arbitration under the Arbitration and Conciliation Act, affirming the need for absolute acceptance in contract formation.
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
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....
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