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PRATHIBA M. SINGH, SHAIL JAIN
Rahul Bhargava – Appellant
Versus
Neo Developers Pvt. Ltd. – Respondent
JUDGMENT
Shail Jain, J.—”The relationship between Courts and Arbitral Tribunals has been said to swing between forced cohabitation and true partnership. The process of arbitration is dependent on the underlying support of the Courts who alone have the power to rescue the system when one party seeks to sabotage it.” —’Adhunik Steels Ltd. v. Orissa Manganese and Minerals (P) Ltd., (2007) 7 SCC 125’
This hearing has been done through hybrid mode.
2. Present Appeals have been filed by six Appellants under Section 13 (1A) of the Commercial Courts Act, 2015, read with Section 37(1)(b) of the Arbitration and Conciliation Act of 1996 (herein after referred to as the Act of 1996), inter-alia,, challenging the Final Orders passed by the District Judge (Commercial Court), Central Delhi, Tis Hazari Courts, Delhi, by which the Petitions filed under Section 9 of the Act of 1996, were dismissed by the concerned Commercial Courts.
3. FAO (COMM) NO. 210/2025, titled “Rahul Bhargava &Anr. vs. Neo Developers Pvt. Ltd.”, has been treated as the lead matter in the present bunch of Appeals.
Brief Facts:
4. The brief background of cases leading to these Appeals is as follows-
A. In the year 2015, the Ap
Interim injunction – Jurisdiction under Section 9 of Arbitration and Conciliation Act, 1996, is not an adjudicatory substitute for final determination of rights, but a supportive mechanism to facilit....
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.
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....
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....
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....
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
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