when approached by a party before the
commencement of an arbitral proceeding, to grant interim relief as
contemplated by the section. When a party seeks ... interim relief
asserting that there was a dispute liable to be arbitrated upon in terms of
the Act, and the opposite party disputes the existence
receipt of Demand Notice. There was
no dispute (by way of arbitral proceeding or
otherwise) on the date on which the default
occurred ... against an
Arbitral Award shows that a Pre-Existing Dispute which culminates at the
first stage of proceeding in an Award, continues even after
adjudicate upon the issues of disputes and differences, the
GM/HJP appointed Arbitral Tribunal Consisting of Mr. L.K. Mansukhani,
IRSSE ... Delhi
as Joint Arbitrators.
4. The Arbitral Tribunal consisting of the above members after hearing both
Parties concluded the arbitral proceeding with the direction
asserted authoritatively that he had taken a correct stand
during the Arbitral proceeding held on 9th to 11th October 2016 and specifically *
stated that
powers
concerning any contractual disputes between the parties. The proceeding
before the Arbitral Tribunal relates only to the personal rights and obligations
of the parties ... Arbitration. The NCLT could not have
prevented an Arbitration from proceeding when the Arbitral Tribunal is
exclusively vested with the power to determine its jurisdiction
existing disputes in essentially
a summary proceeding, thus wishing away the powers of the arbitral tribunal
which were specifically invoked by the Appellant
aforesaid proceeding, objected
and brought to the notice of the Ld. Adjudicating Authority that the Intervenor
has got an arbitral award which was constituted with
Devas Multimedia Private Limited ... vs Antrix Corporation Limited on 8 September, 2021
NATIONAL COMPANY LAW
Phoenix Arc Pvt Ltd Trustee Of Phoenix ... vs Nagaur Water Supply Company Pvt Ltd on
Limitation Act, 1963 should not apply to proceeding under
Section 7 or Section 9 of the IBC. Of course, Section 18 of
the Limitation ... Adjudicating Authority does not resolve disputes, in the
manner of suits, arbitrations and similar proceedings.
However, the ultimate object of an application under
Section