Arbitration and Conciliation Act, 1996 (26 of 1996) Section 9 – Jurisdiction to make a provision for interim measures exclusively lies with the Court as defined
in Section 2(e) of the Act - It is not in dispute that the Bank had invoked the jurisdiction of the Court at Jaipur which passed the order permitting the Bank to take the possession -
As per Section 42 of the Arbitration and Conciliation Act, the Court, the jurisdiction whereof has already been invoked shall alone have the jurisdiction to deal
with and decide all the subsequent application – The jurisdiction is exclusive with the Court at Jaipur which passed the order under Section 9 of the Arbitration and Conciliation Act, 1996.
(2018-3) PUNJAB LAW REPORTER
Arbitration and Conciliation Act, 1996 (26 of 1996) S. 9 - Allows a court to pass interim measures of protection and issue appropriate direction even
for interim custody of the goods, which are the subject matter of the arbitral agreement - Since the power under section 9 exists even during the pendency of the proceedings before the
arbitrator, the court will not abdicate its duty to assign any work to the arbitrator or to refer to the arbitrator of any duty which the court itself is bound to exercise. (175) P.L.R.
Arbitration and Conciliation Act, 1996 (26 of 1996) S. 9 - Application dismissed - Agreement stipulated a monthly allotment of gas to the appellant for
which a minimum guaranteed amount was payable - Contended that as the request for reduction of allotment of gas was under consideration, the respondent could not have invoked the Letters of
Credit and the invocation amounted to a fraud - Contract of letter of credit is independent of the underlying contract and there is no circumstance pointed out to show that the Letters of Credit
are vitiated on account of fraud. (178) P.L.R. (Del.)
Arbitration and Conciliation Act, 1996 (26 of 1996) S. 9 - Civil Procedure Code, 1908 (V of 1908) Order XV-A - During the pendency of the appeal the
appellant has vacated the entire premises and delivered possession thereof to the respondent - Now only the question of payment of the amounts due to the respondent remains - The learned single
judge during the proceedings had directed the appellant to make payment of arrears of rent/damage at the rate of which it was last paid and to continue to pay the same in future every month in
advance - Suit to make such payment to the respondent - Appellant could under Order XVA of the CPC have been directed to pay the rent of the entire premises notwithstanding having given notice of
termination of tenancy of part thereof. (175) P.L.R. (Del.)
Arbitration and Conciliation Act, 1996 (26 of 1996) S. 9 - Interim order - While passing an interim order has directed the connection to be immediately
restored on payment of deducting charges - Monthly maintenance charges - Not paid - Principal benefits obtained are for maintenance of the common areas, lifts, stairs, basement, terraces etc. -
The court could not have passed the order without directing the respondent/tenant to pay the maintenance charges as well. (173) P.L.R.
Arbitration and Conciliation Act, 1996 (26 of 1996) S. 9(3) - No doubt Section 17 confers power on the Arbitral Tribunal or Arbitrator to make interim
orders, but it would operate only during the existence of the Arbitral Tribunal being functional. (183) P.L.R.