Dismissed

M/s Leatherex Training Company v. M/s Green Vistas Property Development Pvt. Ltd. and another

Madras HC11 Mar 2021OA/650/2020

Case brief

AI extract

What is this about?

The Apex Court dismissed an application filed under Section 9 of the Arbitration and Conciliation Act seeking interim measures. It held that once the arbitral award became enforceable following the expiry of the time limit for setting it aside, Section 9 jurisdiction could not be invoked.

What did the court decide?

The Original Application was dismissed.

M/s Leatherex Training Company Vs M/s Green Vistas Property… — Arbitration | Madras HC (2021)

¶1

O.A.No.650 of 2020

¶2

O.A.No.650 of 2020

¶3

P.T. ASHA, J,

¶4

It is seen that the above application is filed invoking the provision of Section 9 of the Arbitration and Conciliation Act. From the records, it is seen that originally the Award was passed as early as on 28.05.2014. Thereafter, an application under Section 34 of the Act was filed in O.P.No.591 of 2014 and this Court by order dated 15.02.2018 was pleased

¶5

to dismiss the petition. As against the said order, Appeals were filed and by order dated 06.08.2018, the learned Judge confirmed the orders passed in O.P.No.591 of 2014. However, the applicant has not filed any application

¶6

for executing the orders and once again filed this application to invoke the jurisdiction of this Court under Section 9 of the Act.

¶7

2.Section 9 of the Arbitration and Conciliation Act provides that

¶8

before / during the arbitral proceedings / at time after the making of the Arbitral Award but before it is enforced a party may approach this Court seeking interim measures. Section 36 of the Act talks about enforcement and Section 36(1) would read as follows:

¶9

1/3

¶10

https://www.mhc.tn.gov.in/judis/

¶11

O.A.No.650 of 2020

¶12

“36. Enforcement.—(1) Where the time for making an

¶13

application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the

¶14

provisions of the Code of Civil Procedure, 1908 (5 of 1908),

¶15

in the same manner as if it were a decree of the court.”

¶16

3.In the instant case, an Award has been passed and the petition to set aside the Award in O.P.No.591 of 2014 was dismissed. Thereafter, the Appeal against the order in O.P.No.591 of 2017 was also dismissed by order dated 06.08.2018. Therefore, the Award dated 28.05.2014 had become enforceable by 06.08.2018. Therefore, considering the language of Section 9 that once the Award become enforceable, the provisions of Section 9 of

¶17

the Act seeking interim measures cannot be invoked this application cannot be entertained.

¶18

Accordingly, this Original Application is dismissed.

11.03.2021

mps

1/3

https://www.mhc.tn.gov.in/judis/

O.A.No.650 of 2020

P.T. ASHA, J,

mps

O.A.No.650 of 2020
11.03.2021

¶27

1/3

¶28

https://www.mhc.tn.gov.in/judis/

M/s Leatherex Training Company v. M/s Green Vistas Property Development Pvt. Ltd. and another

Case brief

What is this about?

What did the court decide?

M/s Leatherex Training Company v. M/s Green Vistas Property Development Pvt. Ltd. and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tmt S.Gandhimathi Vs Tmt N.Pavunambal (Deceased) and 17 Others

Jayalakshmi Vs D.Balaraman

A.Mohamed Ali Vs E.Feroz and 23 Others

Bhavesh N.Saiya Vs Kalyanji K Saiya

Kanagamoney Diaraj (Died) 1.C.P.DAVID and 3 Others Vs a.Soundararajan and 6 others

G.Karthik S/O.Late v.Ganapathy Vs Shyam Krishna Agarwal