Khimraj Sakariya v. Landmark Housing Projects (chennai) Pvt. Ltd.
Case brief
What is this about?
S.9(2) Arbitration and Conciliation Act 1996 - 90-day limit from Section 9 order dated 12.01.2024; interim injunction vacated for failure to initiate arbitration in time; O.A.No.23 of 2024 disposed on 19.02.2025 by Abdul Quddhose J, Madras High Court; liberty to invoke Section 17 before Arbitrator upon appointment under Section 11; maintainability objections to future Section 17 application lie before the Arbitrator, not the Court; Arbitration Application No.31 of 2024 (furnishing security) closed; parties: Khimraj Sakariya v. M/s.Landmark Housing Projects (Chennai) Pvt. Ltd.
What did the court decide?
Interim injunction of 12.01.2024 vacated; liberty granted to seek interim relief under Section 17 before the Arbitrator once appointed under Section 11, with maintainability objections to such application left to the Arbitrator; connected Arbitration Application No.31 of 2024 (security) closed.