CiteTEXT
...Section 9 and/or Section 17 of the Arbitration and Conciliation Act, 1996.
5. Learned counsel for the petitioner does not dispute this aspect of the matter.
...operational; and direct the respondent Corporation to refer the matter for Arbitration in view of Order dated 05.12.2017 passed by this Hon'ble Court in L.P.A. No. 1162 of 2016 and L.P.A. No. 1161 of...of the matter and at the outset itself, learned counsel for the petitioner Mr. Ajay Kumar Thakur fairly states that the main reliefs sought herein have already been made subject matter of arbitration...
...September, 2023. Both the counsels have also made an oral submission that the Section 9 applications pending before this Court viz.,O.A.Nos.541 and 542 of 2025 may be treated as applications under ...conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said ...be treated as pleadings filed before the arbitrator and the arbitrator shall decide the application as per the provisions of Section 17 of the Arbitration and Conciliation Act...
...652]. The learned counsel for the petitioner points out that the said decision relates to an order under Section 9 of the Arbitration ...Arbitration and Conciliation Act, the interim measures are ordered by the Arbitral Tribunal. According to the learned counsel, the decision reported in 2018 (1) KLT 652 does...whereunder the petitioner has been directed to produce the vehicle as per the decision reported in Hari Kumar v. Shriram Transport Finance Co. Ltd. and Ors. [2018 (1) KLT...
...the arbitrators. This very application is beyond the scope of either Section 9 or 17 of the Arbitration and Conciliation Act, 1996.2. In my considered opinion, the ...solely on the ground that the application 1 of 2017 is beyond the scope of either Section 9 or Section 17 of the Arbitration ...PRAYER:- Appeal filed under Section 37 of The Arbitration and Conciliation Act, 1996, r/w Order XLIII Rule 96(r) of the Code of Civil Procedure, to set aside the...
...Section 9 of the Arbitration and Conciliation Act can be treated as the Application under Section 17 of ...G.S. Kulkarni, J.:— This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996...2019 filed by the Petitioner under section 9 of the Act shall be treated as an Application under section 17 of the Act to be adjudicated upon by the prospective Arbitrator.(v) All...
.... Copies will be given to both sides.6. All contentions are left open.7. There is a pending petition under Section 9 of the Arbitration and Concilliation Act 1996 in whi...the Arbitration and Concilliation Act. The Section 9 petition is also disposed of in these terms.8. Pending the disposal of the Section 17 Application...August 2010 with the owners for the development of this property. There are disputes and differences between the applicant in this Application under Section 11 of the Arbitration and Concilliation Act...
...dated 23.08.2023 and Deed of Corporate Guarantee dated 09.02.2024. They have also made an endorsement making a request before this Court to treat these Section 9 applications filed before this Court, namely Arb.Appln.Nos.53...provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.
3. These a...shall be paid his remuneration / fees in accordance with the 4thschedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties...
...Bench has also considered the distinction between the powers to be exercised under Section 9 of the Arbitration Act and under Section 17 of the Arbitration ...and the arbitral tribunal can effectively resolve the disputes. The range of interim measures that can be issued under Section 9 of the said Act is considerably wider than that under ...relief under Section 9 of the Arbitration Act can be granted against a third party/stranger to the arbitration proceeding...
...Court has the power to entertain an application under Section 9(1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”), once an Arbitral Tribu...Section 17 efficacious.”8. Section 9 as originally enacted, has been renumbered as Section 9(1) by the Arbitration and Conciliation (Ame...Section 9 of the Arbitration Act till 9-8-2021.17. On 5-8-2021 2021 SCC OnLine...
...including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator.
(ii) The Petition under Section ...: The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to the Prothonotary and Senior Master of...of as an application under Section 17 of the Act. All afdavits fled in the Section 9 petition will be treated as afdavits fled in the...
...applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator.
(ii) The present Petition under...
(c) Disclosure: The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to the Prothonotary ...of as an application under Section 17 of the Act. All afdavits fled in the Section 9 petition will be treated as...
...parties arising out of the Advertisement Agreement dated 23.12.2023.
2.Learned counsel for the applicant submits that these applications filed under Section 9 of the Arbitration and...the Arbitration and Conciliation Act, 1996 and can be adjudicated by the Sole Arbitrator.
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3.No prejudice would be caused ...Section 17 of the Arbitration and Conciliation Act, 1996. The Sole Arbitrator shall decide those applications, on merits and in accordance with law by exercising his power under Section ...
...to the parties to seek appropriate interim reliefs before the learned Arbitrator in accordance with law. It will also be open to the parties to treat the present application under Section 9 of the Arbitration and C...
c \a^ between the parties including their claims and counter-claims. The arbitration shall take place under the aegis of the Delhi' International Arbitration...ORCHID HOTELS LIMITED Petitioner Through: Mr. Ajay Kapur, Senior Advocate with Mr. Harshbir Singh Kohli and Mr. Dinesh Kumar, Advocates.
versus
VARDHMAN ESTATES...
...is specific that these interim directions were to be passed during the pendency of the arbitration proceedings. It is the opinion of this Court that Section 9 and Section 17 of the ...Tribunal in terms with Section 17 of the Act of 1996.
10. This Court for the sake of clarity observes that this Court had not decided anything on the legality and the...
the Petitioner to approach the Court within the meaning of Section 2(e) of the Act of 1996 seeking interim directions in terms with Section 9 ...
...Section 9 of the Arbitration and Conciliation Act, 1996 before the Court or under Section 17 before the ...petitioners and the third respondent. The partnership deed admittedly contains an arbitration agreement. The contention of the petitioners is that the partnership being at Will, it has been dissolved upon a...paid and there was no reason to suspend or cancel the licence. Moreover, the District Magistrate has referred to the arbitration clause in the deed of partnership.In our view, the remedy...
...the present Petition under Section 9 as an Application under Section 17 of the Arbitration and Conciliation Act 1996.
5. Dr. Saraf confirms that the flats mentioned in par...Section 11 of the Arbitration Act. Apart from anything else, I have no application before me under that Section.
3. Dr. Saraf agrees that his statement in paragraph 3 of the order dated 9...and 30 December 2013, be referred to the sole arbitration of Mr. Mehernosh J Humranwala, Advocate and Solicitor of this Court. This agreement is noted. This is not to be construed as an order under...
...and validity of the Arbitration Agreement. Both parties have further agreed that the Arbitral Tribunal can be constituted and the above Section 9 Petition can be converted into an Application under ...have agreed that the venue and seat of the arbitration will be in Mumbai.
5. The above Section 9 Petition shall be treated, heard and disposed of by the Tribunal, as an Ap...B.P. Colabawalla, J.:— The above Petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short “The Arbitration Act”) seeking the fo...
...appropriate interim reliefs either before the Arbitrator or any other Court/Forum including filing of applications under Section 9 or Section ...available t the petitioners including the remedy of arbitration under the National Highways Act R/w the Arbitration and Conciliation Act, 1996, the present petition is liable to ...Act R/w the Arbitration and Conciliation Act, 1996. The apprehension of the petitioners regarding demolition of the structures put up in the subject land can also be allayed by issuing...
...filed by the respondent in the arbitration petition under Section 9 which was converted into an application under Section 17 of the Arbitration and Conciliation Act...., the petitioner has impugned the order passed by the learned arbitrator on 14th January 2016 rejecting the application filed by the petitioner under Section 17 of the Arbitration and Conciliation Act...R.D Dhanuka, J.:— By this petition filed under Section 37 of the Arbitration and Conciliation Act, 1996...
...Petition under Section 9 of the Arbitration Act will be treated, heard and disposed by the Tribunal, as an Application under Section 17 of the Arbitration Act. The Respo...B.P. Colabawalla, J.:— The above Arbitration Application No. 141 of 2011 is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration ...No. 294 of 2021 is filed under Section 9 of the Arbitration Act seeking various interim reliefs.
2. The Arbitration Agreement between the parties can be found at Clause 23 which deals...