๐๐๐ข๐ง๐ญ๐๐ข๐ง๐๐๐ข๐ฅ๐ข๐ญ๐ฒ ๐จ๐ ๐ฌ๐๐๐ญ๐ข๐จ๐ง ๐ ๐๐ฉ๐ฉ๐ฅ๐ข๐๐๐ญ๐ข๐จ๐ง ๐จ๐๐ฃ๐๐๐ญ๐ข๐ง๐ ๐ญ๐ก๐ ๐ฉ๐ซ๐จ๐๐๐๐ฎ๐ซ๐๐ฅ ๐จ๐ซ๐๐๐ซ ๐ฉ๐๐ฌ๐ฌ๐๐ ๐๐ฒ ๐ญ๐ก๐ ๐๐ซ๐๐ข๐ญ๐ซ๐๐ญ๐จ๐ซ (Delhi High Court)
ย
Jagdish Tyres Pvt. Ltd. Vs Indag Rubber Limited (May 2024)
ย
The petitioner has filed the present application under section9 of the Arbitration Act seeking to challenge the order wherein the Arbitrator framed issues and directed the matter for evidence.
ย
The grievance of the Petitioner is that it had wished to file an amended statement of defense consisting of the bank statements related to the transactions between the Petitioner to the Respondent. However, the Arbitrator without taking the same record, proceeded to frame issues.
ย
The Court observed the following
โ๏ธ The petitioner is not conducting itself properly and with diligence, before the ld. Arbitrator and the Arbitrator has rightly proceeded in the matter for framing of issues and evidence.
ย
๐จโโ๏ธ ๐ป๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐ ๐ท๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐๐๐
๐๐ ๐๐๐๐๐๐๐๐๐ ๐ ๐๐๐๐๐๐
๐๐๐๐ ๐๐๐
๐๐ ๐๐๐๐๐๐
๐๐ ๐๐๐ ๐จ๐๐๐๐๐๐๐๐๐ ๐๐๐
๐๐ ๐บ๐๐๐๐๐๐ 9 ๐๐ ๐๐๐ ๐จ๐๐, 1996. ๐ป๐๐ ๐๐๐๐๐๐ ๐๐๐๐๐๐ ๐๐๐๐๐๐ ๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐๐๐๐๐๐
๐๐๐
๐๐ ๐๐๐ ๐๐๐๐
๐๐๐๐๐๐๐๐๐.
ย
๐ The petitioner by filing a petition under Section 9 of the Act, 1996 the Petitioner is merely attempting to avoid the appellate provision under Section 37 of the Act, 1996 which clearly stipulates as to which orders are appealable. The petition is nothing but a clever attempt to seek relief when the petition itself is not maintainable.
ย
Accordingly, the present application under section 9 was dismissed.
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