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1 - 10 of 19 (2.67 seconds)The Code of Civil Procedure, 1908
Article 37 in Constitution of India [Constitution]
Article 36 in Constitution of India [Constitution]
Jetpur Somnath Tollways Limited vs National Highways Authority Of India on 31 July, 2017
In National Highways Authority of India v. Punjab National
Bank and Ors. (supra) the Division Bench of this Court had rejected
the appeal against the decision of the Single Judge of this Court in
Signature Not Verified
Digitally Signed O.M.P.(I) (COMM)211/2020 Page 36 of 40
By:DUSHYANT
RAWAL
Jetpur Somnath Tollways Limited and Ors. v. National Highways
Authority of India and Ors. (supra), the reasoning of the Court is
relevant. With regard to the exercise of powers, the Court had
reasoned as under:
National Highways Authority Of India vs Punjab National Bank & Anr. on 4 January, 2021
In National Highways Authority of India v. Punjab National
Bank and Ors. (supra) the Division Bench of this Court had rejected
the appeal against the decision of the Single Judge of this Court in
Signature Not Verified
Digitally Signed O.M.P.(I) (COMM)211/2020 Page 36 of 40
By:DUSHYANT
RAWAL
Jetpur Somnath Tollways Limited and Ors. v. National Highways
Authority of India and Ors. (supra), the reasoning of the Court is
relevant. With regard to the exercise of powers, the Court had
reasoned as under:
Spicejet Limited vs Kal Airways Private Limited And Ors. on 3 July, 2017
In a subsequent decision in National Highways Authority of
India v. Punjab National Bank and Ors.: 2017 SCC OnLine Del
11312, the Division Bench of this Court had referred to the decision in
Ajay Singh and Ors. v. Kal Airways Private Limited and Ors.
(supra). The relevant extract of the said decision is set out below:
M/S Value Source Mercantile Ltd. vs M/S Span Mechnotronix Ltd. on 28 May, 2014
In the aforesaid
circumstances the ratio of decision of the
Division Bench of this Court in Value Source
Mercantile Limited v. Span Mechnotronix
Limited MANU/DE/1318/2014 : (2014) 143
DRJ 505, is apposite, if not definite and
conclusive. Referring to Section 9 of the A&C
Act, this decision emphasized that the said
provision uses the expression 'interim measure
of protection' as distinct from the expression
'temporary injunction' used in Rules 1 and 2 of
Order XXXIX of the Code of Civil Procedure,
1908. Interim injunction is one of the measures
or orders prescribed in Clause (d) to Section 9(ii)
of the A&C Act, albeit a party to the arbitration
agreement is entitled to apply for an seek
'interim measure of protection'. Clause (e) to
Section 9(ii) is a residuary power of the court to
issue or direct other "interim measures of
protection". Thus, the court has the power to
issue or direct other interim measurers of
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Digitally Signed O.M.P.(I) (COMM)211/2020 Page 37 of 40
By:DUSHYANT
RAWAL
protection as may appear to the court to be just
and convenient. Section 9 encompass the power
of making orders as the Civil Court has for the
purpose of, and in relation to any proceedings
before it. This decision refers to Rule 10 of
Order XXXIX of the aforesaid Code which
empowers the Court to direct to deposit payment
of the admitted amount. Therefore the court
exercising power under Section 9 of the A&C
Act has the same power as that of a civil court
during pendency of the suit."