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abhi_PSTCL (GOVT SERVICE)     04 July 2021

Can one file same case in tribunal and court

Can same case which is already in process in tribunal can be registered in other court like session court by police.



 1 Replies

SUSHREE SAHU   05 July 2021

Hello sir,

It is not clear as to which tribunal you are talking about. Assuming that the tribunal mentioned is an Arbitral Tribunal, the application can be made during or before the proceedings or after the proceedings but before the enforcement of the arbitral award. It can be made only for the appointment of a guardian in case of a minor or for interim relief for preservation of goods or properties that are subject of arbitration agreement, securing amount in dispute, interim injunction or for any interim measure that the Court deems fit. After the 2015 Amendment, the Section included that the court ‘shall not’ entertain an application under sub-section (1), unless it finds that circumstances exist which may not render the remedy provided under Section 17 ‘efficacious’.

The Section 17 of the Act grants the interim measures by the arbitral tribunal in respect to the protection of the subject matter of the dispute and may ask the appropriate party to provide security for the same.

The Judges in various cases have reiterated that applications under both the sections cannot be brought for interim reliefs. The application under only one can be entertained.

But the proceedings can be initiated by the party only and not the police. However since the police in involved it is most likely a criminal case. Even then a case cannot be instituted before two judicial bodies. It would amount to double jeopardy. The proceedings under the Arbitration Act as mentioned above can also be taken for interim relief only.

Hope this helps.

Regards,

Sushree Sipra Sahu


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