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lawweb   26 May 2018

Whether court is barred from passing interlocutory orders if

Whether court is barred from passing interlocutory orders if application U/S 8 of Arbitration Act is filed?

 

Till pendency of the application under
section 8 of the Arbitration Act for supplemental and incidental proceedings
including passing of interlocutory orders, there is no jurisdictional bar to
pass orders and directions. There is nothing to show that miscellaneous and
incidental proceedings cannot go on before the court.
29. Even a reading of section 5 and section 8 of the Arbitration Act does
not show that on a mere filing of an application under section 8 of the
arbitration act the court loses its jurisdiction to pass any further orders either
in the main proceedings or in the supplementary or incidental proceedings in
the said suit. No such interpretation can follow from a reading of section 5
and section 8 of the arbitration act.
IN THE HIGH COURT OF DELHI AT NEW DELHI

Pronounced on: 21.05.2018
 CO.A(SB) 26/2008

MR. DEEPAK KHOSLA  Vs UNION OF INDIA & ORS. 

CORAM:
HON’BLE MR. JUSTICE JAYANT NATH

https://www.lawweb.in/2018/05/whether-court-is-barred-from-passing.html



 4 Replies

Siddharth Srivastava (Advocate)     02 April 2020

Though as such arbitration Act does not provide any bar if an application under section-8 of arbitration Act is filed from passing any interlocutory order but it is mandatory to file copy of agreement for arbitration so in such cases generally court refrain from passing any interlocutory order when such application u/s.8 is filed.

Siddharth Srivastava (Advocate)     02 April 2020

Though as such arbitration Act does not provide any bar if an application under section-8 of arbitration Act is filed from passing any interlocutory order but it is mandatory to file copy of agreement for arbitration so in such cases generally court refrain from passing any interlocutory order when such application u/s.8 is filed.

Nida Khatri   21 September 2020

Courts generally do not have any right to pass orders once the case is sent to the Arbitration Tribunal or even when the judgement is pending. If done so, it is a violation of the Arbitration Act

Siddharth Srivastava (Advocate)     21 September 2020

Correct. 👍


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