1. The power of courts under Section 9 of the Arbitration and Conciliation Act, 1996 to grant interim relief in arbitration matters is subject to limitations. Courts can only grant interim relief to the same extent as in normal court proceedings and in a manner that does not interfere with the powers of arbitral tribunals.
2. Parties can apply for interim relief under Section 9 even before arbitral proceedings have formally commenced. However, courts must exercise caution in granting such relief so as not to frustrate the arbitration process.
3. Where parties have agreed on the place of arbitration in their contract, only courts in that jurisdiction have authority to entertain applications related to the arbitration agreement, including requests for interim
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Written Arguments along with Affidavit before Patna High CourtOm Prakash Poddar
AO NUMBER : 668271/2019 dated 16-10-2019 for Written Arguments along with Affidavit filed before Patna High Court because Judge refused to hear on 14-10-2019
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Written Arguments along with Affidavit before Patna High CourtOm Prakash Poddar
AO NUMBER : 668271/2019 dated 16-10-2019 for Written Arguments along with Affidavit filed before Patna High Court because Judge refused to hear on 14-10-2019
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
Pleadings in Civil Procedure Code.pptxRudra Pratap
A short and concise ppt on pleadings as described in the Code relating to the provisions to pleadings, its objectives, amendments and why amendments are allowed after filing a plaint.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
Judgments on section 34 of the Arbitration and Conciliation Act, 1996Legal
This is the compilation of judgments delivered by the Hon'ble Supreme Court and Hon'ble High Courts on Section 34 of the Arbitration and Conciliation Act, 1996
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
Pleadings in Civil Procedure Code.pptxRudra Pratap
A short and concise ppt on pleadings as described in the Code relating to the provisions to pleadings, its objectives, amendments and why amendments are allowed after filing a plaint.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
Judgments on section 34 of the Arbitration and Conciliation Act, 1996Legal
This is the compilation of judgments delivered by the Hon'ble Supreme Court and Hon'ble High Courts on Section 34 of the Arbitration and Conciliation Act, 1996
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
Motor Accident Claim Petition Reference Manual - March 2016Legal
The Motor Accident Claim Petition (MACP) Reference Maunal is updated upto March, 2016. This Reference Manual is based on the judgments delivered by the Supreme Court and High Courts and will be helpful to judges, lawyers, claimants, injured victims, insurance companies, drivers and owners involved in and connected with the motor accident claim petitiion (MACP). Topicwise narration of almost all points/issues involved in the MAC Petition.
This document is prepared on the basis of Judgments delivered by the Supreme court of India and High Courts. Almost all the points concerning MACPs have been covered. Pointwise judgments have been posted which would be helpful for finding out judgments on the particular point/issue.
Motor Accident Claim Petitions (MACP) Reference Manual Updated upto March 2014 Legal
I suppose this Manual would be helpful for the Judges, Lawyers and litigants. All efforts are made to see that all points are covered. I have tried my level best to cover latest ratios laid down by the Hon'ble Apex Court and Hon'ble High Courts. If you find any mistake, please let me know on the mail id given in this Manual.
Motor Accident Claim Petitions - MACP - Reference Manual updated upto April, ...Legal
This document is updated upto April, 2015. Few new judgments, details of rates of minimum wages applicable in State of Gujarat, topics concerning 'No fault Liability' u/s 140, registration certificate etc are added.
This document mainly concerning the cases where Insurance Company can be held liable and under which circumstances Insurance Company can be exonerated.
If you find any mistake in Motor Accident Claim Petition Reference Manual (MACP Reference Manual) kinndly let me knoe, I will be glade to correct it.
How to decide quantum of compensation in Motor Accident Cliam PetitionLegal
Supreme Court and High Courts Judgments on quantum of compensation. This slides will help one and all to understand the intricacies involved in calculation of quantum of compensation in the Motor Accident Claim Petition/Cases.
Booomark Version of MACP Reference Manual Updated upto March 2016 with bookmarkLegal
This document is prepared on the basis of the judgments delivered by Supreme Court and High Courts. Even support have been taken from the guidelines published by authority to assess the quantum of disability etc. This document would be helpful to one and all who want to know more about Motor Accident Claim Petition and Motor Vehicles Act.
While deciding a claim petition, preferred under the Motor Vehicles Act,
1988, more often then not, Ld. Judges of
the Tribunals are vexed with such questions that it becomes difficult for
them to come to a certain conclusion, main reasons for such vexation are:
a)Non availability of judgments on certain points,
b)If judgments are available on some points, they run in
different directions,
c) Lack of reference book to decide, as to whether the
insurance policy is 'Act Policy' (Statutory Policy) or
'Comprehensive Policy' (Package Policy).
Points to be kept in mind while deciding sessions trialLegal
This document might provide some help to those who are dealing with Sessions Trial in Indian Courts. All care is taken to cover all points but if you find some mistake or some addition or deletion is required to me made, please inform me by e-mail:- hanifkaiz@yahoo.in
Minimum Wages Act. Rates approved by Government of Gujarat. w.e.f. April 1992...Legal
This document contains rates of Minimum Wages, approved by the State / Goverment of Gujarat, starting from Aril 1992 to September, 2014. This will be helpful for determination of monthly income of a victim who does have proof of his income. Hon'ble Apex Court in the case of Govind Yadav has held that when there is no documentary evidence to prove the income of victim, then in such case, monthly incomme of the deceased/victim can be assessed on the basis of Minimum Wages.
How to Make Awesome SlideShares: Tips & TricksSlideShare
Turbocharge your online presence with SlideShare. We provide the best tips and tricks for succeeding on SlideShare. Get ideas for what to upload, tips for designing your deck and more.
Income Tax Appellate Tribunal has no power to stay prosecution of taxpayers i...D Murali ☆
Income Tax Appellate Tribunal has no power to stay prosecution of taxpayers in respect of matters in appeal before it - T. N. Pandey - Article published in Business Advisor, dated November 10, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
Sean Gibbs has over 20 years experience in advising parties using statutory adjudication in the construction and engineering industries. In this article he looks at the importance of the first enforcement case and what he would like to see changed to improve the access and benefits adjudication to a wider range of parties.
Predatory buying to corner a market: ACCC v Cement AustraliaMartyn Taylor
Case note for Australian Journal of Competition & Consumer Law (AJCCL) – 1 March 2014 on Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2013] FCA 909
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
The Arbitration and Conciliation Act, 1996 (hereinafter the “1996 Act”) supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved. To further the aforesaid objective, the 1996 Act harbours many provisions. Section 8 of the 1996 Act denotes one such provision which provides for limited judicial intervention and furthers the objective by directing the parties to get involved in arbitration on the basis of the arbitration agreement.
Leave to appeal under section 372 of the cr pcLegal
Section 372 of the CrPC. Leave to appeal by the Victim. There are some confusion with respect to forum before which an acquittal appeal would lie (case instituted on the private complaint)
Section 34 of the Arbitrationand Conciliation Act. Scope of interference. Po...Legal
Scope of Interference under Section 34 of the Arbitration and Conciliation Act. Under which circumstances Court can interfere with an award passed by the arbitral tribunal.
Section 166(3) of the motor vehicles (amended) 2019 actLegal
CONDONATION OF DELAY UNDER SECTIONS 166(3) OF THE AMENDED MOTOR VEHICLES ACT.
Whether the amendment in Section 166(3) of the Motor Vehciles Act which came into effect from 01.09.2019 would apply retrospectively or prospectively.
Section 12, 13, 14, 16 and 17 of the arbitration act.role of the court under ...Legal
Sections 12, 13 , 14 , 16 and 17 of the Arbitration and Conciliation Act, 1996 (the Act) play vital role when the order passed under said Sections has been challenged before the Court as defined u/s 2(1)(e) of the Act. Therefore, same is discussed in this presentation.
Section 29A of the Arbitration and Conciliation ActLegal
Section 29A of the Arbitration and Conciliation Act, 1996 requires an arbitral tribunal to render an award within 12 months (which may be extended for further period of six months with the consent of the parties) from the date the arbitral tribunal enters upon the reference or from the date of completion of pleadings under newly introduced Section 23(4) of the Act.
After reading pre-amended Section 29A and amended Section 29A of the Act certain questions may arise. They are...
What was the need for bringing in Section 29A of the Act?
Section 29A(5) of the Act provides that the extension of period referred to in Section 29A(4) of the Act may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the Court. Whether this Court is the Court as defined u/s 2(1)(e) of the Act or a Court which has appointed arbitrator u/s 11 of the Act?
Whether the amendment of 2019 has the retrospective effect to those arbitral proceedings which have commenced after 23rd October, 2015 and award thereof has not been made with the time period prescribed u/s 29A of the Act?
When the award is not rendered within the time period prescribed u/s 29A(1) or the extended period specified u/s 29A(3) of the Act, the arbitral tribunal loses its mandate and the parties are mandatorily required to approach the Court for extension of the time limit beyond 12 months or 18 months, as the case may be?
If the mandate of the arbitral tribunal is terminated in accordance with Section 29A(4) of the Act, the arbitrator becomes functus officio or de jure/de facto (u/s 14 of the Act) unable to perform his function or the aggrieved party has to move an application u/s 15 of the Act?
Is there any is time limit prescribed under Section 29A(5) of the Act for making an application for extension of time?
The extension of time under Section 29A(5) of the Act can be granted for how much period?
Whether the extension of period referred to in Section 29A(5) of the Act may be on the application of any of the parties or upon the oral request Court can extend the time?
What are going to be the considerations for the Court to impose actual or exemplary costs upon any of the parties under Section 29A(8) of the Act?
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
Prevention of Food Adulteration Act - Effect of Nemi Chand's JudgmentLegal
Prevention of food adulteration act food safety and standards act amendment nemichand supreme court judgment beneficial to accused fine only sub-standard unsafe injurius to health new act law
The Protection of Human Rights Act - Power to Try and take CognizanceLegal
Protection of Human Rights Act, trial, jurisdiction to try, commit, judgments, Section 193 and 209 of CrPC, without accused being committed to special Court
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
3. 3
protection it cannot put impediments in the progress of the Arbitral
proceeding.
1.1. Para Nos. 11 to 14 of Deepak Mitra v/s District Judge, Allahabad,
reported in AIR 2000 Allahabad 9.
2. Whether an application seeking interim order before commencement
of proceeding is maintainable? Held Yes. An application for Interim
measures can be made at prereference stage.
2.1. Kohli Brothers v/s M/s. Atlantis Multiplex Pvt. Ltd., reported in AIR
2008 Allahabad 43. Shri Bal Kishan Agrawal Glass Industries Limited,
Dholpura v/s Union of India, reported in AIR 2005 Allahabad 361. Bimal
Ghosh and Ors. v/s Smt. Kalpana Majumdar, AIR 2007 Culcutta 293 (DB).
Himcon Projects Pvt. Ltd. v/s LMZ Energy (India) Ltd., AIR 2012
Chhattisgarh 28 (DB). Globe Cogeneration Power Ltd. v/s Sri Hiranyakeshi
Sahakari Sakkere Karkhane Niyamit, Sankeshwar, Karnataka, reported in AIR
2005 Karnataka 94 (DB).
3. What could be the amount of Court Fees valuation for purpose of
jurisdiction with respect to an application preferred u/s 9 of the Act?
3.1. The proper valuation for the purposes of jurisdiction under u/s 9 of
the Act should be the subject matter of the amount likely to be affected.
M/s. Modern Metal Industries v/s Smt. Shanti Parolia, reported in AIR 2004
Allahabad 227.
4. Parties agreed for final settlement of disputes under Rules of
Conciliation and Arbitration of International Chamber of Commerce. They
also agreed to construe and interpolate contract in accordance with
substantive laws of State of New Jersey and applicable laws of U. S. A. They
have nowhere agreed to the jurisdiction of the Courts in India. Whether
jurisdiction of Indian Courts excluded even if part of cause of action arose
Judgments on Section 9 of the Arbitration and Conciliation Act, 1996.
4. 4
within their jurisdiction? Held Yes.
4.1. Progressive Construction Ltd. v/s The Louis Berger Group Inc., AIR
2012 Andhra Pradesh 38 (DB). Videocon Industries Ltd. v/s Union of India,
reported in AIR 2011 SC 2040.
5. Parties by agreement deciding that place of arbitration would be
State of Orissa – Whether under this circumstances, only Courts in State of
Orissa would have territorial jurisdiction to entertain arbitration agreement
including application for interim relief u/s 9 of Act, irrespective of whether
cause of action had arisen wholly or in part? Held Yes.
5.1. When the parties in Art. 10 of the agreement had agreed to the place
of arbitration as State of Orissa then considering the definition of "Court" as
defined in S. 2(1)(e) of the Act, the Courts in the State of Orissa, alone will
have the jurisdiction to decide the questions forming the subjectmatter of
arbitration, but not the Courts in Andhra Pradesh irrespective of whether
cause of action has arisen wholly or in part. The party cannot be permitted to
invoke the theory of cause of action by application of the provisions of the
Code of Civil Procedure, so as to confer jurisdiction upon the Court at
Hyderabad, for entertaining application under S. 9 of the Act.
5.2. As the parties in Art. 10 of the agreement, have agreed to the place
of arbitration as State of Orissa, only the Courts in the State of Orissa, as
defined in S. 2(1)(e) of the Act, will have jurisdiction to entertain all
applications with respect to the arbitration agreement, including application
under S. 9 of the Act, and if the Courts in Andhra Pradesh entertain the
application under S. 9 of the Act, then all subsequent application arising out
of the arbitration agreement shall have to be made in the Courts in Andhra
Pradesh at Hyderabad, which is not the intendment of the parties under Art.
10 of the agreement.
Judgments on Section 9 of the Arbitration and Conciliation Act, 1996.
6. 6
Ltd. v/s M/s. Satluj Jal Vidyut Nigam Ltd., AIR 2006 Delhi 169. M/s. Vinitec
Electronics Pvt. Ltd. v/s M/s. HCL Infosystems Ltd., AIR 2005 Delhi 314.
Mahatma Gandhi Sahakara Sakkare Karkhane v/s National Heavy Engg.
Coop. Ltd., reported in AIR 2007 SC 2716.
7. Is it necessary for the party seeking interim measure from the Court
u/s 9(ii)(d) for security of the amount in dispute in the arbitration by the
Court during the arbitral proceedings to satisfy the conditions of attachment
before judgment under Order 38 Rule 5 C. P. C.? Held No. Power of Court to
pass interim protection order cannot be restricted by importing provisions of
O.38, R.5 of Civil P.C. in Section 9 of the Act.
7.1. National Shipping Company of Saudi Arabia v/s Sentrans Industries
Ltd., AIR 2004 Bombay 136 (DB).
8. Whether on the basis of the averments made in the application u/s 9
of the Act, Court can pass the interim order, which is an order in the nature
of attachment before judgment? Held No. Applicant should show, prima
facie, that his claim is bona fide and valid and also satisfy the Court that the
defendant is about to remove or dispose of the whole or part of his property,
with the intention of obstructing or delaying the execution of any decree that
may be passed against him, before power is exercised under Order 38 Rule 5
CPC. Courts should also keep in view the principles relating to grant of
attachment before judgment. Since, said principles squarely apply to the
proceedings under Section 9(ii) of the Act, Court before passing any direction
in the nature of attachment before award should follow those principles.
8.1. Rashmi Cement Ltd. v/s Trafigura Beheer B. v/s, reported in AIR
2011 Culcutta 37 (DB). Brand Value Communications Ltd. v/s Eskay Video
Private Ltd., reported in AIR 2010 Culcutta 166 (DB). M/s. Global Company
v/s M/s. National Fertilizers Ltd., AIR 1998 Delhi 397.
Judgments on Section 9 of the Arbitration and Conciliation Act, 1996.
7. 7
9. Whether an application u/s 9 of the Act can be dismissed for want of
original agreement as required u/s 8? Held – No. Provisions of Section 8
of the Act operate in different field and cannot be invoked in a proceeding
u/s 9 of Act.
9.1. M/s. Mercury Exports v/s CLC Tanner's Association, reported in AIR
2011 Culcutta 117 (DB).
10. Whether bar imposed u/s 69 of the Partnership Act, 1932) for filing
a suit, affect maintainability of application u/s 9 of the Act? Held – No.
10.1. Firm Ashok Traders v/s Gurumukh Das Saluja, reported in AIR 2004
SC 1433.
11. Exclusive jurisdiction and Cause of action Hire and purchase
agreement executed at place 'C' but place 'B' is wrongly mentioned. All
installments paid at place 'C', seizures of vehicle giving rise to disputes and
differences also taking place at place 'C' and no part of cause of action arises
at place 'B', under this circumstances Courts at place 'B' cannot be said to
have exclusive jurisdiction.
11.1. Tata Finance Limited , Appellant v/s Pragati Paribahan, reported in
AIR 2000 Culcutta 241 (DB). Mahindra and Mahindra Financial Services Ltd.
v/s Jivrajbhai Khumabhai Rabari, passed in F.A. 5443 to 5460 and 5462 to
5469 of 2007, dated 15/07/2011 by Hon'ble Gujarat High Court.
12. Whether an application preferred u/s 9 of the Act can be made in
relation to foreign Arbitration? Held Yes. Applicability of Part 1 of the Act is
not restricted by S. 2(2) to arbitration/international commercial arbitration
that takes place in India. Further held that omission by legislature to provide
that Part 1 will not apply to international commercial arbitration taking place
outside India, indicates that Part 1 also applies to arbitrations outside India.
Finally held that an application for interim measures can be made in
Judgments on Section 9 of the Arbitration and Conciliation Act, 1996.
8. 8
arbitration proceedings taking place in foreign country.
12.1. Bhatia International , Appellant v/s Bulk Trading S. A., AIR 2002 SC
1432 (FB). Olex Focas Pty. Ltd. v/s Skodaexport Co. Ltd., reported in AIR
2000 Delhi 161.
13. Whether the powers u/s 9 available to the Court and the powers u/s
17 available to the Arbitral Tribunal to make interim measures are
independent? Held Yes There may be some degree of overlap between the
two provisions but the powers u/s 9 are much wider inasmuch as they extend
to the period pre and post the award as well as with regard to the subject
matter and nature of the orders. The pendency of an application u/s 17,
therefore, does not denude the Court of its powers to make an order for
interim measures under Section 9 of the said Act.
13.1. National Highways Authority of India (NHAI) v/s M/s. China Coal
Construction Group Corpn, AIR 2006 Delhi 134.
14. Application for production of documents under Rule 14 of Order XI
of CPC is maintainability u/s 9 of the Act? Held No. Not maintainable in
view of provisions of Section 9 of Act, which only deals with interim measure
by Court.
14.1. Narain Sahai Aggarwal v/s Smt. Santosh Rani, reported in AIR 1998
Delhi 144.
15. Whether proceeding u/s 9 of the Act is maintainable only between
'parties' to arbitration agreement? Held Yes – Facts of the case were, opposite
party No.1 being financed by applicant purchased equipment and entered
into arbitration agreement with opposite party No.2 for execution of project
Dispute arose between opposite parties No.1 and 2 referred to arbitrator
Application u/s 9 of the Act filed by opposite party No.1 Applicant financier
cannot be said to party to arbitration agreement between opposite parties
Judgments on Section 9 of the Arbitration and Conciliation Act, 1996.
9. 9
Cannot seek impleadment or protection of his right under proceedings u/s 9
of the Act.
15.1. SREI Infrastructure Finance Ltd. v/s Bhageeratha Engineering Ltd.,
reported in AIR 2009 Gauhati 110. Shoney Sanil v/s M/s. Coastal
Foundations (P) Ltd., reported in AIR 2006 Kerala 2006. Union of India v/s
M/s. Saravana Constructions Private Limited, reported in AIR 2010 Madras
6.
16. Whether during the pendency of an application u/s 9 of Act another
application filed u/O.39 of CPC seeking interim injunction can be
entertained? Held Not tenable Since an application u/s 9 of the Act itself
is by way of an interim measure.
16.1. M/s. Nikitha BuildTech (P) Ltd., Bangalore v/s M/s. Natural Textiles
Pvt. Ltd., Bangalore, AIR 2010 Karnataka 170 (DB).
17. Whether an application u/s of the Act for the appointment of
Receiver is filed after passing of award is permissible – Held Yes But,
discretion u/s 9 of the Act cannot be invoked in case where award is ripe for
execution Award can straightway be executed in accordance with S.36 of
Act.
17.1. Tata Motors Finance Ltd. v/s Nazeer. M. Muhammedkutty, AIR 2011
Kerala 147 (DB).
18. M. P. Madhyasthan Adhikaran Adhiniyam (29 of 1983), S.2(1) and
20 – Whether a contract for construction of water treatment plant is 'Works
Contract' within S. 2(1) of 1983 Act? Held Yes Therefore, Civil Court's
jurisdiction to entertain it u/s 9 of the Act is barred.
18.1. Mrs. Kamini Malhotra v/s State of M.P., AIR 2003 M.P. 13.
18.2. But in the case of M. P. Rural Road Development Authority v/s M/s.
L. G. Chaudhary Engineers, reported in AIR 2012 SC1228 has referred this
Judgments on Section 9 of the Arbitration and Conciliation Act, 1996.