Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interim order |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996: Sections 9 and 21. Interim order - Seeking of - Before commencement of arbitration - Held, Court can pass interim order even before commencement of arbitral proceedings - It is not necessary to issue a notice invoking arbitration clause to the opposite party before filing application under S. 9 for interim relief - However, before passing the interim order court must be satisfied that there exists a valid arbitration agreement and that the applicant intends to take the dispute to arbitration - Court may pass a conditional order with a view to seeing that effective steps are taken by the applicant for commencing the arbitral proceedings - Arbitration Act, 1940, Ss. 41(c), 20 and Sch. II - {United Nations Commission on International Trade Law - Model Law on International Commercial Arbitration adopted in 1985, Art.9. Sections 9 and 22- Rules under - Making of - By High Courts - Held, High Courts should make rules under S.82 consistent with the Act providing for the manner of filing the application, the documents which should accompany the same and the manner of dealing with the same under S.9. Provisions - Interpretation of - Held, Should be construed independently without reference to the principles underlying the repealed - Arbitration Act, 1940 - Should be construed with reference to the UNCITRAL Model Law. Interpretation of Statutes: Basic Rules - Rule of Literal Construction -adopting of. Words and Phrases: "Before'' - Meaning of - In the context of S.9 of the Arbitration and Conciliation Act, 1996. |
Judge | Honble Mr. Justice B.N. Kirpal |
Neutral Citation | 1999 INSC 10 |
Petitioner | Sundaram Finance Ltd. |
Respondent | Nepc India Ltd. |
SCR | [1999] 1 S.C.R. 89 |
Judgement Date | 1999-01-13 |
Case Number | 141 |
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