2026 Supreme(Online)(Mad) 47815

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Kumaresh Babu, J
Newgen DigitalWorks Private Limited – Appellant
Versus
Peter Lang Group AG – Respondent
Arb Appln No. 653 of 2025

Upon the appointment of an arbitrator, the court permits the withdrawal of interim applications with liberty to move the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996.

Headnote:The application concerns a request to direct the respondent to furnish security and disclose assets in the context of an arbitration dispute. Upon the appointment of an Arbitrator by the Apex Court, the applicant sought permission to withdraw the interim applications with liberty to approach the Arbitral Tribunal under the relevant provisions of the arbitration law. The main issue was whether the pending interim applications should continue in the High Court or be transferred to the jurisdiction of the Arbitral Tribunal. The reasoning provided is that, following the appointment of an arbitrator, the appropriate forum for seeking interim measures as per the governing statute is the tribunal itself. The applications are permitted to be withdrawn with the liberty to approach the Arbitral Tribunal for necessary relief.