arbitration

Vinay Ranjan (Querist) 19 June 2008 This query is : Resolved
Dear sir/ma'm
I have a small practical problem regarding filing of application in court in arbitration matter,which i am stating herein.
there was a dispute arose between two party for which arbitration was provided.Even after giving application for the formation of tribunal by the applicant to respondent the respondent didn't took any action.After that the applicant moved to court for getting an interim order for staying any disposal of property by the respondent. This order was granted by the court till the date the tribunal is constituted. Now the tribunal is constituted but one of the three member of the tribunal got retired.
So,again the applicant filed an application in the same court citing the earlier application and claimed for the interim order.no fresh application was filed. So, my query is whether that court after giving the interim order at the first time still has the jurisdiction to deal with the matter?is this application maintainable?

Follow Query

Report Abuse

Vinay Ranjan (Querist) 19 June 2008
arbitration

Guest (Expert) 20 June 2008
I think it is still having jurisdiction as the Tribunal has commenced any procedings. state the section under which the applicaton is filed.

Vinay Ranjan (Querist) 20 June 2008
Dear Kotresh M G

the application is again filed under the same s.9 of the Arbitration Act.

regards

Srinivas.B.S.S.T (Expert) 20 June 2008
What happend to the tribunal after one of its members retired? has it resolved or still in existence. If it is resolved then the 2nd Petition is maintainble as the orders in the 1st petition has not attained finality.

Manish Singh (Expert) 23 June 2008
Application is maintenable but you can move on with arbitration proceedings. once the award is made, it shall prevail and life of the interim award will come to an end.
refer to this case; it may be useful for you
Sundaram Finance Ltd Vs NEPC India Ltd; AIR 1999 (SC) 565

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now