Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Ncr Skybuild Pvt. Ltd. Vs Krasa International Private Limited — Arbitration | Delhi HC (2016)

Home
Delhi HC
2016
Ncr Skybuild Pvt. Ltd. Vs Krasa International PrivatNcr Skybuild Pvt. Ltd. v. Krasa International Private Limite

Dismissed

Ncr Skybuild Pvt. Ltd. v. Krasa International Private Limited

Delhi HC12 Dec 2016O.M.P.(I)/622/2015

Case brief

AI extract

What is this about?

The petitioner sought continuation of interim reliefs under Section 9(2) of the Arbitration Act after missing the 90-day window. The court vacated the interim order and dismissed the petition for interim relief, noting non-compliance with time limits.

What did the court decide?

The interim order dated 4th December 2015 was vacated and the application for interim relief was dismissed.

What the court decided

AI extract

Outcome

The interim order dated 4th December 2015 was vacated and the application for interim relief was dismissed.

Issue for consideration

Whether the petitioner is entitled to commence arbitral proceedings within the extended period of ninety days under Section 9(2) of the Arbitration and Conciliation Act 1996 after the interim order of +1 more

Detailed headnote1 paragraphs

Non-compliance with the statutory time limit of ninety days under Section 9(2) of the Arbitration and Conciliation Act 1996 to commence arbitral proceedings after an interim order renders such order inoperative. The application for continued interim relief was dismissed notwithstanding the filing of a petition under Section 11(6) outside the time limit.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI

20.

O.M.P.(I) 622/2015 NCR SKYBUILD PVT LTD ..... Petitioner Through: Mr. S.K. Dubey, Advocate.

versus

KRASA INTERNATIONAL PRIVATE LIMITED..... Respondent Through: Mr. Manu Nayar, Mr. I.J. Sharma, Advocates.

CORAM: JUSTICE S. MURALIDHAR

O R D E R % 14.12.2016

IA No. 26114 of 2015

With 12^th December, 2016 being declared a holiday on account of MiladUn-Nabi, the matter is taken up today.

Under Section 9(2) of the Arbitration & Conciliation Act 1996, amended with effect from 23^rd October 2015 “the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine”.

The interim order in this case was passed on 4^th December 2015. The Petitioner did not within ninety days thereafter take the steps for commencement of the arbitral proceedings. It is stated that the petition under Section 11 (6) of the Act is going to be filed today and that the legal notice for the purposes of Section 21 of the Act was served on the Respondent two

months ago. In any event, even that is beyond the period of ninety days after the passing of the interim order.

In that view of the matter, the interim order dated 4^th December 2015 is hereby vacated.

The application is allowed in the above terms.

O.M.P.(I) 622/2015

The petition is dismissed. This will however not preclude the Petitioner from seeking appropriate interim reliefs in the arbitral proceedings in accordance with law.

S.MURALIDHAR, J

DECEMBER 14, 2016/mg

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner is entitled to commence arbitral proceedings within the extended period of ninety days under Section 9(2) of the Arbitration and Conciliation Act 1996 after the interim order of
2.
Whether the failure to file petition under Section 11(6) within the stipulated time precludes the applicant from seeking appropriate interim reliefs.

Statutes considered

3 provisions across 1 enactments

AI extract

Arbitration and Conciliation Act 1996Section 9(2)Section 11(6)Section 21

Parties & counsel

AI extract

petitioner
NCR Skybuild Pvt Ltd
respondent
Krasa International Private Limited

Coram

AI extract

S. Muralidhar

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 12 Dec 2016 · December
Registered: 5 Nov 2015
Case no.: O.M.P.(I)/622/2015
CNR: DLHC015826542015
Topic: Arbitration
Bench: S.muralidhar

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from S.muralidhar

Bharat Sanchar Nigam Limited Vs Shreetron India Ltd. & Ors.
9 Dec 2016
Srl Limited. Vs Siddartha Diagnosis Center and Ors.
9 Dec 2016
Srl Limited. Vs Pioneer and Ors.
9 Dec 2016
Ansal Buildwell Limited Vs Anita Sahu
12 Dec 2016
Bata India Limited Vs Jayan T. John
12 Dec 2016
Delhi Transco Ltd. Vs Hindusthan Urban Infrastructure Limited
14 Dec 2016

Cite this judgement

Ncr Skybuild Pvt. Ltd. v. Krasa International Private Limited, O.M.P.(I)/622/2015 (DEL), decided on 12 December 2016.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Arbitration and Conciliation Act 1996Section 9(2) · Section 11(6) · Section 21

View all statutes

Bench / Coram

S. Muralidhar

Parties & counsel