Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Jagrati Trade Services Private Limited VS Deepak Bhargava - Current Civil Cases
"].The court's role is primarily to facilitate the appointment of arbitrators and ensure that parties have the opportunity to seek interim relief from the tribunal itself, reinforcing the principle of party autonomy ["2024 Supreme(Online)(Mad) 46677"] ["2024 Supreme(Online)(MAD) 38240"].
Analysis and Conclusion:
References:- ["2023 0 Supreme(All) 2447"]- ["2024 0 Supreme(Mad) 2201"]- ["2024 Supreme(Online)(Mad) 46677"]- ["2022 Supreme(Online)(Mad) 76891"]- ["2024 Supreme(Online)(MAD) 38240"]- ["2023 Supreme(Online)(MAD) 14344"]- ["2022 Supreme(Online)(Mad) 87837"]- ["2024 Supreme(Online)(Mad) 80355"]- ["2023 Supreme(Online)(Mad) 86941"]- ["2025 Supreme(Online)(Mad) 55473"]
In the fast-paced world of commercial disputes, arbitration offers a streamlined alternative to traditional litigation. However, what happens when one party's defence appears frivolous or designed to delay proceedings? A common query arises: Application before Arbitrator to Strike Off Defence in Section 17 Application. This post delves into the legal framework, judicial insights, and practical steps under the Arbitration and Conciliation Act, 1996 (the 'Act'), providing clarity for businesses, lawyers, and disputants navigating arbitral proceedings.
Note: This article offers general information based on legal principles and precedents. It is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.
Section 17 of the Act empowers the arbitral tribunal to grant interim measures, including orders to secure the subject matter of the dispute, preserve assets, or even address procedural aspects like defences. Importantly, this includes the possibility of striking off a party’s defense, subject to the tribunal’s discretion and legal standards2013 0 Supreme(Bom) 203 2012 0 Supreme(Bom) 1881.
The power is not absolute but must be exercised with circumspection to prevent injustice or abuse of process2013 0 Supreme(Bom) 203. Tribunals typically reserve this for cases where the defence lacks merit, aiming to uphold the Act's emphasis on speedy resolution.
Related provisions highlight the scope:- Applications under Section 17 can be filed till the Arbitrator does not become functus officio2025 0 Supreme(Cal) 856.- Courts often direct parties to approach the arbitrator for such relief post-appointment, as seen in cases where liberty is granted to seek similar reliefs under Section 17 before the Arbitrator2025 Supreme(Online)(Mad) 56065.
Striking off a defence is a drastic measure, invoked sparingly. Courts and tribunals emphasize that it requires:- Notice to the defending party and an opportunity to respond 2016 0 Supreme(AP) 302.- Independent evaluation to determine if the defence is frivolous, vexatious, or an attempt to delay proceedings2016 0 Supreme(AP) 302.
Under Section 17, such an application can be made at any stage of the proceedings, but the decision should be based on the merits and the nature of the defense2013 0 Supreme(Bom) 203. For instance, if the defence has no legal or factual basis, or if it is merely an evasive or dilatory tactic, the tribunal may act 2013 0 Supreme(Bom) 203.
This aligns with broader arbitration principles. In one case, the arbitrator allowed amendments to a Section 17 application amid ongoing proceedings, even after blacklisting issues arose, underscoring flexibility while maintaining procedural integrity 2021 0 Supreme(Bom) 66.
Indian courts have consistently cautioned against routine use of this power:- Discretionary and drastic: Only after notice and weighing implications 2016 0 Supreme(AP) 302.- Principles of natural justice: Avoid summary dismissals unless the defence is clearly untenable2013 0 Supreme(Bom) 203.
In analogous contexts, tribunals have been directed to consider Section 17 applications expeditiously, especially post-arbitrator appointment 2020 0 Supreme(Del) 1417. For example, courts appoint sole arbitrators and instruct: 'Learned Arbitrator is requested to consider the application under Section 17 of the Act expeditiously'2020 0 Supreme(Del) 1417.
High Courts under Article 227 have limited interference, reinforcing tribunal autonomy. In a dispute involving ONGC, the Supreme Court stressed limited judicial intervention under Sections 5 and 37, prioritizing speedy disposal 2019 0 Supreme(SC) 2277. Here, a Section 17 application was pursued alongside claims, with amendments allowed despite external events like blacklisting 2019 0 Supreme(SC) 2277.
Counter-claims under
To successfully seek striking off a defence under Section 17:1. File with clear grounds: Demonstrate the defence's frivolous or vexatious nature, supported by evidence.2. Serve prior notice: Ensure the opposing party has a chance to respond 2016 0 Supreme(AP) 302.3. Tribunal's assessment: The arbitrator independently reviews for lack of basis or dilatory intent 2013 0 Supreme(Bom) 203.4. Hearings and fairness: Adhere to natural justice; no ex parte drastic orders.
Post-appointment, parties are often directed to file within days, with arbitrators deciding freely 2020 0 Supreme(Del) 1417. In election petitions (analogous striking-off scenarios), courts rejected premature strikes, holding material facts for trial stage 2019 0 Supreme(Mad) 2190. This reinforces: Material facts contended must be considered at the time of the conduct of the trial and not at the stage of considering the application2019 0 Supreme(Mad) 2190.
Timing is crucial: Section 17 relief persists until the arbitrator is functus officio, unlike Section 9 (till award execution) 2025 0 Supreme(Cal) 856. Courts appoint arbitrators under Section 11, consenting parties to proceed, e.g., both parties consented to appoint Mr. P. Giridharan as the sole Arbitrator2025 Supreme(Online)(Mad) 56065.
Jurisdictional challenges rarely halt proceedings; tribunals rule on pleas under Section 16 2021 0 Supreme(Bom) 66. In blacklisting disputes, amendments to Section 17 applications were permitted, showing adaptability 2019 0 Supreme(SC) 2277.
Writ courts intervene only in exceptional rarity, like patent lack of jurisdiction, not routine appeals 2021 0 Supreme(Bom) 66.
Recommendations:- File promptly post-notice under Section 21 2025 0 Supreme(Cal) 856.- Seek court directions if tribunal not yet seized 2025 Supreme(Online)(Mad) 56065.- Prepare robust affidavits highlighting abuse.
By understanding these nuances, parties can leverage Section 17 effectively without abusing process. For tailored strategies in your arbitration matter, engage arbitration specialists.
#ArbitrationLaw #Section17 #StrikeOffDefence
The court below should have considered all these aspects before rejecting the delay condonation application along with application under Order 9 Rule 13 CPC and application under Section 30 read with Section 33 of old ARBITRATION ACT . ... 17 . ... Thereafter, the court below on 10.04.2003 adjourned the matter due to strike by lawyers. Thereafter, the matter was posted on 17.04.2003 on which date the same was adjourned due to reference and next date ....
Arbitrator - Court may exercise jurisdiction under Section 9 if remedy under Section 17 is found to be inefficacious - Arbitrator ... (Paras 18, 23) ... ... Ratio Decidendi: The Court ruled that the remedy under Section 17 was ... (Paras 1-3) ... ... Findings of Court: ... The remedy available under Section 17 was deemed inefficacious ... The learned Single Judge, who heard the application agreed with the contentions of the respondent that it is open to the appli....
(Paras 24) ... ... Issues: Whether the Court should intervene under Section 9 when the remedy under Section 17 ... (Paras 1, 2) ... ... Findings of Court: ... The remedy under Section 17 was deemed inefficacious ... 17 is found to be inefficacious. ... The learned Single Judge, who heard the application agreed with the contentions of the respondent that it is open to the applicant to move the Arbitrator under Section 17 and the....
An application under Section 9 of the 1996 Act can be filed till such time an award is not put into execution under Section 36 of the said Act while an application under Section 17 of the said Act can be filed till the Arbitrator does not become functus officio. ... The appellants, however, in the stay application have admitted to have received the notice under Section 21 of the 1996 Act, the Statement of Claim, the Sectio....
Appln.No.389 of 2023 by filing an application under Section 17 of the Arbitration and Conciliation Act. ... g) Liberty is granted to the respondents to raise all the objections raised in this application before the arbitrator, once an application is filed by the applicant under Section 17 of the Arbitration ... and Conciliation Act, 1996; h) The arbitrator shall independently decide the said application....
It is for the Arbitrator to decide the merits once an application is filed seeking for interim protection under Section 17 of the Arbitration and Conciliation Act, 1996 . ... The learned counsel for the applicant also submits that liberty may be granted to the applicant to seek similar reliefs under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitrator as sought for in Arb. Appln. No.59 of 2025. ... It is made clear that ....
Since the Court has appointed an Arbitrator, it is open to the petitioner as well as the respondent to seek other reliefs under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator. ... It is open for the applicant to press for relief covered in Arb.Appln.No.418 of 2023 under Section 17 of the Arbitration and Conciliation Act, 1996. The petitioner is also entitled to press for such an interim relief against the guarantor as well befo....
The parties are at liberty to take out appropriate application under Section 17 of the Act. Such applications shall be taken within a period of two weeks from the date on which the learned sole Arbitrator enters reference. ... The sole Arbitrator shall take a decision on the said application. ... The interim order dated 24.05.2024 which had been continued till the date of this order shall continued to be in force till the learned Arbitrator takes up for hearing of suc....
Since the Court has appointed an Arbitrator, it is open to the petitioner as well as the respondents to seek other reliefs under Section 17 of the Arbitration and Conciliation Act, 1996, before the learned Arbitrator. 8. ... (Com.Div.)No.427 of 2023 and Arb.Appln.No.419 of 2023 and Appln.No.6173 of 2023 Mr.Praveen Manavalan, Represented by his Power of Attorney Agent, Mrs.Tharini Manavalan, W/o.Mr.Praveen Manavalan, Flat No.1 A, Ramanyam Saraswathi, B-17, 22nd Cross S....
17 would be bound to observe guiding principles governing grant of such reliefs under CPC – Section 9 and Section 17 are different ... Principle of minimum judicial intervention is one of fundamental tenets of arbitration law – Tribunals passing interim measures under Section ... 17 are interlocutory views – They are not final expressions of opinion on merits of case between parties – Several third-party rights ... (b) An application under section 17#HL_E....
The appellant had filed an application under Section 17 before the learned Arbitrator. The said application for amendment was allowed by the learned Arbitrator. During the pendency of the said arbitral proceedings, the appellant was blacklisted by the ONGC for a period of two years. The appellant had also filed an application to amend the arbitration claim.
Learned Arbitrator is requested to consider the application under Section 17 of the Act expeditiously. 7. Needless to state, the petitioner will move an application under Section 17 of the Act within a period of two days from constitution of the Arbitral Tribunal.
Meanwhile, a Section 17 application was also been moved before the learned Arbitrator. After this claim petition was filed, on 15.02.2018, the appellant was blacklisted by an order passed by the ONGC with effect from 11.10.2017 for a period of two years. Applications were then moved by the appellant to amend both the petition as well as the Section 17 application to challenge this order dated 15.02.2018, which amendments were granted by the learned Arbitrator on 10.03.2018.
To strike off the paragraphs 5 to 17 in the election petition no. Prayer: to reject the election petition no.3 of 2019)
The appellant also filed its statement of defence wherein it raised counter-claims against the respondent. Charge raising its alleged claims against the respondent and since, the appellant did not fulfil the conditions of clause 41.1 its counter claims raised before the learned Arbitrator was not maintainable. The respondent, however, filed an application before the learned Arbitrator under Section 16 of the Act of 1996. It alleged that as per the arbitration agreement contained in clause 41.1 of the Special Terms and Conditions of the contract it was mandatory for the appe....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.