𝐌𝐚𝐢𝐧𝐭𝐚𝐢𝐧𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐨𝐟 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 𝟗 𝐚𝐩𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐨𝐛𝐣𝐞𝐜𝐭𝐢𝐧𝐠 𝐭𝐡𝐞 𝐩𝐫𝐨𝐜𝐞𝐝𝐮𝐫𝐚𝐥 𝐨𝐫𝐝𝐞𝐫 𝐩𝐚𝐬𝐬𝐞𝐝 𝐛𝐲 𝐭𝐡𝐞 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐨𝐫 (Delhi High Court)
Jagdish Tyres Pvt. Ltd. Vs Indag Rubber Limited (May 2024)
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.
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.
The Court observed the following
✍️ 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.
👨⚖️ 𝑻𝒉𝒆 𝒑𝒓𝒆𝒔𝒆𝒏𝒕 𝒑𝒆𝒕𝒊𝒕𝒊𝒐𝒏 𝒊𝒔 𝒏𝒐𝒕 𝒎𝒂𝒊𝒏𝒕𝒂𝒊𝒏𝒂𝒃𝒍𝒆 𝒂𝒔 𝒕𝒉𝒆 𝑷𝒆𝒕𝒊𝒕𝒊𝒐𝒏𝒆𝒓 𝒄𝒂𝒏𝒏𝒐𝒕 𝒃𝒆 𝒑𝒆𝒓𝒎𝒊𝒕𝒕𝒆𝒅 𝒕𝒐 𝒄𝒉𝒂𝒍𝒍𝒆𝒏𝒈𝒆 𝒂 𝒑𝒓𝒐𝒄𝒆𝒅𝒖𝒓𝒂𝒍 𝒐𝒓𝒅𝒆𝒓 𝒑𝒂𝒔𝒔𝒆𝒅 𝒃𝒚 𝒕𝒉𝒆 𝑨𝒓𝒃𝒊𝒕𝒓𝒂𝒕𝒐𝒓 𝒖𝒏𝒅𝒆𝒓 𝑺𝒆𝒄𝒕𝒊𝒐𝒏 9 𝒐𝒇 𝒕𝒉𝒆 𝑨𝒄𝒕, 1996. 𝑻𝒉𝒆 𝒓𝒆𝒍𝒊𝒆𝒇 𝒔𝒐𝒖𝒈𝒉𝒕 𝒉𝒆𝒓𝒆𝒊𝒏 𝒂𝒓𝒆 𝒏𝒐𝒕 𝒊𝒏𝒕𝒆𝒓𝒊𝒎 𝒎𝒆𝒂𝒔𝒖𝒓𝒆𝒔 𝒂𝒔 𝒄𝒐𝒏𝒕𝒆𝒎𝒑𝒍𝒂𝒕𝒆𝒅 𝒖𝒏𝒅𝒆𝒓 𝒕𝒉𝒆 𝒔𝒂𝒊𝒅 𝒑𝒓𝒐𝒗𝒊𝒔𝒊𝒐𝒏.
🔗 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.
Accordingly, the present application under section 9 was dismissed.
This website has been designed only for the purposes of dissemination of basic information on ADROIT; information which is otherwise available on the internet, various public platforms and social media. Careful attention has been given to ensure that the information provided herein is accurate and up-to-date.
This website is not an attempt to advertise or solicit clients and does not seek to create or invite any lawyer-client relationship. The links provided on this website are to facilitate access to basic information on ADROIT, and, to share the various thought leadership initiatives undertaken by it. The content herein or on such links should not be construed as a legal reference or legal advice. Readers are advised not to act on any information contained herein or on the links and should refer to legal counsels and experts in their respective jurisdictions for further information and to determine its impact.
