Powers of the Court within the scope and ambit of Section 9 of the Arbitration and Conciliation Act, 1996 – Sadbhav Engineering Ltd. Vs. Efftech Infra Engineers – Gujarat High Court

In this important judgment, a division Bench of Hon’ble Gujarat High Court listed 9 points on with regard to the powers of the Court within the scope and ambit of Section 9 of the Arbitration and Conciliation Act, 1996.

Hon’ble Bench also held that the scope and purport of Section 9 of the Arbitration Act, 1996 can be understood in a way that interim orders in exercise of power under the said provision are to be issued by the Court to facilitate the arbitration proceedings by protecting the interest of the parties seeking interim protection until its rights are finally adjudicated by the Arbitral Tribunal and to ensure that the award, if any, passed by the Arbitral Tribunal can be executed. It is the duty of the Court to ensure that such interim order, so granted, in favour of one party, will not frustrate the process of arbitration, even if a prima facie case exists. The interim measures ordered by the Court shall be such which would ultimately achieve the ends of justice, being just and convenient in the facts and circumstances of the case by protecting or safeguarding the interest of the parties at the initial stage.

Powers of the Court within the scope and ambit of Section 9 of the Arbitration and Conciliation Act, 1996 – Sadbhav Engineering Ltd. Vs. Efftech Infra Engineers – Gujarat High Court Read Post »