Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996: ss. 36 and 9 – Arbitration award |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996: ss. 36 and 9 – Arbitration award – Interference with – On facts, award of Rs 142 cr in favour of the respondent – Challenge to, by the appellant before the High Court u/s. 34 – Same day the appellant filed interim application u/s. 36(2) seeking stay of the arbitral award – Subsequently, the respondent filed an application u/s. 9 seeking orders on the appellant to furnish security against the amount awarded – Thereafter, appellant directed to deposit 10% of the amounts in its bank accounts, at interval of every 15 days – Respondent filing another application seeking directions to the appellant to deposit the awarded amount alongwith interest – Single Judge of the High Court disposed of the application u/s. 9 alongwith the connected interim applications – Single Judge passed another order issuing notice on respondents on the application of the appellant u/s. 36(2) for stay of the award and issued directions that on deposit of the award amount, the enforcement of the award would remain stayed – Interference with – Held: Not called for – No hard and fast rule that an application made earlier in point of time must be heard before an application made later in point of time – Both the applications u/s. 9 filed by the respondent and the application for stay u/s. 36(2) filed by the appellant even though independent applications, relate to the same impugned award – Prima facie, there is an award for a huge amount of Rs. 142 crores against the appellant – Respondent has a strong case for interim relief – No cogent ground made out even prima facie, for interference with the award – High Court acted within the scope of its powers u/s.9 in passing the impugned order. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 981 |
Petitioner | Sepco Electric Power Construction Corporation |
Respondent | Power Mech Projects Ltd. |
SCR | [2022] 7 S.C.R. 343 |
Judgement Date | 2022-09-19 |
Case Number | 6789 |
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