...of the petitioner seeking to join the proposed respondents who were third parties in the proceedings of Section 9 of the Arbitration Act, the question in principle arises that whether a third party who is ...arbitration agreement between the lender, borrower and one of the guarantors and it was held that it could not be deemed or construed to be arbitration agreement in respect of another guarantor in.... 5.8 As a stranger to the arbitration agreement has no locus standi to invoke the provisions of Section 9, since this provision whereunder a party to the ...

...that it is possible to pass orders under section 9 against a third party if such person is claiming under the party to the Arbitration Agreement. Thus understood, section 9 can be invoked...Arbitration Agreement. The Court had no jurisdiction to pass any direction or order against the appellants since they were not party to the Arbitration Agreement. In any case, th...as they are not party to the Arbitration Agreement. They could not have been impleaded as respondents in the Petition. Moreover, there was no justification for passing the drastic order of...

...letters issued by the petitioners herein to third parties that the defence to the claim was without basis. The arbitrator also held that any claim that the petitioners may have against a third party could ...challenging the award: that the arbitrator is guilty of legal misconduct in view of the arbitrator having failed to appreciate the petitioners' argument that third party documents could not be taken on record...considerations as necessary in a commercial transaction. It does not appear that the consideration of documents exchanged with a third party has caused any prejudice to the petitioners, particularly...

...Court under Section 11 of the Arbitration and Conciliation Act. It is made clear that since the third respondent in all these applications is not a party to the arbitration agreement betw... 3. Since the applicant is not having the benefit of interim order till today, no useful purpose would be served if these applications are allowed to be kept...arrayed as a party respondent in the arbitration at the first instance. 12.02.2025 rkm...

...arbitration agreement. Though under section 9 of the Arbitration and Conciliation Act, it is open to the Court to pass int...exceptional cases in the interest of justice to protect the property from being transferred or becoming vested with third party illegally.6. The Hon'ble Supreme Court in ...) of the Partnership Act may not stand in the way of a party to an arbitration agreement moving the court under Section 9 of the Act. The power under Section 9 is conferred on the District...

...Rajiv Sahai Endlaw, J.:—The question for consideration is whether, a third party, who was not a party to the arbitration agreement or the arbitration proceedings, can f...only by a party to the arbitration proceedings and not by a third party. The Chief Justice A.P Shah of this Court sitting in the Division Bench of the Madras High Court in Chennai Containe...makes it amply clear that only a party to the arbitration agreement can invoke the provisions of Section 34 of the Act; a third party has no locus standi to challenge the award under Sect...

...learned Principal District Judge has dismissed the said application holding that as the proposed respondent nos. 9 and. 10 are third parties, i.e not party to the arbitration agreement/proceedings..., learned senior advocate appearing on behalf of the respondent nos. 9 and 10 herein - proposed respondents - third party, is not in a position to show any contrary judgment to the decision of the Division...Section 9 of the Arbitration Act any interim relief against the third party, who is not a party to the ...

...restrain the respondents from creating third party rights in respect of 2500 Metric Tons of non-coking coal of South African origin under Bill of Lading No.35. 2.Learned counsel for the applicant sub...Pvt. reported in (2018) SCC online Bom 2347 to contend that a third party, 1 which is affected by...applicant to seek third party leave to appeal and prosecute an appeal before the Division Bench. 19.05.2021 ssr/mkn Internet : Yes...

... 4 possession of a property of a third party, who is not a party to the arbitration agreement and has ad...against an order passed by the court below was not maintainable, as the said Sushil Paul was not a party to the arbitration agreement. In the aforesaid case the respondent Bank had filed an applic... Sushil Paul's application as he was not a party to the arbitration agreement. In the case of Sushil Paul (supra) the applicant/appellant...

...: "78. Mr Salve then painted a lurid picture of third parties being affected in enforcement proceedings. No such third party is before us. As to a ...petition. The said paragraph 4 is set out below: "4. SSL is not a party to the Arbitration Agreement, the Award as well as the present Enforcement... payment in terms thereof. It is therefore, not a composite petition for both recognition and enforcement/execution. The admitted position is that SSL is not a party ...

...parties who have consented to the process, either by agreeing in their contract to refer any disputes arising in the future between them to arbitration or by submitting to arbitration when a dispu...be passed against the respondents who are not party/parties to the arbitration agreement or arbitration proceedings?(2) Whether Respondents 3 to 6 can be...:11.1. Firstly, the appellant is not a party to the arbitration agreement contained in Clause 21 of the agreement dated 19-7-2004. This agreement was entered i...

...section 9 of the Arbitration Act. e). This third party can file an appeal under section 37 of the Arbitration Act in the Court defined under section 2(1)(e) of the Arbitration Act. Such third ...Arbitration Act can be filed and that also only by the parties to the arbitration agreement and not a third party. In view of such minimum intervention permissible under the ...to the 46 arbitration agreement. Though in some cases such as bank guarantee furnished by a bank who is though not party ...

.... 6. In our view, the applications merit no consideration and have to be dismissed in limini. This is because, a) applicant is totally a third party, who is not a ... 2. Admittedly, the applicant was not a party to the Section 9 application. 3. The Southern Railways had...awarded a tender to Respondent No.1. The applicant was one of the bidders for the tender and did not succeed in securing the contract. 4. Applicant filed a writ petition...

...filed. 6. In our view, the applications merit no consideration and have to be dismissed in limini. This is because, a) applicant is totally a third party, who is not a ... 2. Admittedly, the applicant was not a party to the Section 9 application. 3. The Southern Railways...had awarded a tender to Respondent No.1. The applicant was one of the bidders for the tender and did not succeed in securing the contract. 4. Applicant filed a writ...

...clause in the agreement. No extraneous matter that falls outside the scope and ambit of the agreement can be allowed to be referred to arbitration, much-less the question of inter se seniority and confirma...not a party to the agreement. How can the dispute raised with a third party be referred to arbitration under Cl 11. The words “disputes arising between the parties for whatever c.... District Judge, Srinagar dated 27-11-1974 allowing the application of the Respondent No. 1 herein for filing of the agreement and referring the dispute between the parties to arbitration in terms of Cl. 11...

...party. He gave an illustration in case of injunction sought by party from encashing bank guarantee against the third party bank who is not a party to the arbitration ...not party to an Arbitration Agreement or Arbitration Proceedings does not affect the jurisdiction of the Court under Section 9 of the Act which is intended to pass interim measur...not parties to the Arbitration Agreement may be affected. Such third parties who want to seek any interim measures under Section 9 would not be entitled to invoke the said provis...

...arbitration agreement to non-signatories, or to "third parties" on the basis of one or more of the foregoing theories. These expression are inaccurate, in that they imply that an entity which is ...an arbitration agreement is nonetheless subject to that agreement's effects, by virtue of something other than the parties' consent. Contrary to the references to "extension" or "third parties", m...to be "extended" to a "third party" - because that party's actions constitute consent to the agreement, or otherwise bind it to the agreement, notwithstanding the lack of its for...

...Appeal, Sab has purported to sell its rights in the Subject Agreement to a third party, namely, Neha Developers. Such third party is not a party to the ...authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming...requirement is that an application by a party to the arbitration agreement has to be made before making the first statement on the substance of the dispute. It is common ground that the Section 8 Applicati...

...Appeal, Sab has purported to sell its rights in the Subject Agreement to a third party, namely, Neha Developers. Such third party is not a party to the ...authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming...requirement is that an application by a party to the arbitration agreement has to be made before making the first statement on the substance of the dispute. It is common ground that the Section 8 Applicati...

...prayed.18. The Participants' (third party) rights though not party to the arbitration agreement:Learned senior counsel appearing for the Respondents further ...practically nothing but a relief in favour of the participants (third party), who are not party to the arbitration clause and to this petition.19. As recorded, both the par...are not party to the arbitration agreement. In my view, therefore, the Petitioner has made out the case for grant of relief as it goes to root of the contract between the parties. Both the parties...