Crest Digitel Pvt. Ltd. Thru. Auth. Signatory Vijay Kumar v. Uttar Pradesh Metro Rail Corporation Ltd.
Case brief
What is this about?
Crest Digitel Pvt. Ltd. v. Uttar Pradesh Metro Rail Corporation Ltd., Appeal under S.37, Arbitration and Conciliation Act 1996 No. 38 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Arun Bhansali, CJ and Jaspreet Singh, J.), order dated 21.03.2025; neutral citation 2025:AHC-LKO:16365-DB. Challenge to dismissal (11.07.2024, Commercial Court No. 1, Lucknow) of a Section 9 A&C Act application; interim inventory order dated 19.07.2024 had been passed at admission. Appeal dismissed as withdrawn with liberty to pursue all issues before the Arbitral Tribunal; Commercial Court's prima facie Section 9 findings declared non-prejudicial to the arbitration. No substantive ruling on the merits of the Section 9 application; no precedent treatment; useful chiefly for the protective observation insulating Section 9 prima facie findings from the arbitral proceedings.
What did the court decide?
Appeal dismissed as withdrawn at the appellant's request (respondent raising no objection), with liberty to the appellant to raise all the issues raised in these proceedings before the Arbitral Tribunal; it is further observed that the Commercial Court's prima facie findings on the Section 9 application will not influence the Arbitral Tribunal's deliberations.