The court dismissed an application under Section 9 of the Arbitration Act seeking interim relief for an admitted debt, holding that the matter should be referred to the arbitrator for appropriate relief instead.
Petition dismissed. Application for time to file reply rejected without prejudice.
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arbp298-11
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.298 OF 2011
Royal Palms (India) Pvt. Ltd. ....Petitioner V/s.
TATA AIG General Insurance Agent Ltd. ....Respondent
Mr.Jaideep Mitra i/b Mr.Munir Merchant for the Petitioner.
Mr.Rajan Tripathi i/b Mr.A.S. Vidyarthi for the Respondent.
CORAM : S.J. VAZIFDAR, J. DATE : 7TH JUNE, 2011.
P.C. :-
2 issues framed by the court
Whether an application under section 9 of the Arbitration and Conciliation Act, 1996 for interim relief is maintainable when the matter can be referred to the arbitrator.
Whether interim relief for the admission of a debt is necessary before referring the matter to arbitration.
1 provisions across 1 enactments
Royal Palms (India) Pvt. Ltd.
TATA AIG General Insurance Agent Ltd.
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
