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1 - 6 of 6 (1.53 seconds)Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 8 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Kalabharati Advertising vs Hemant Vimalnath Narichania & Ors on 6 September, 2010
17. The Supreme Court in the case of Kalabharati Advertising v.
Hemant Vimalnath Narichania reported in (2010) 9 SCC 437, has held
as under:-
The State Of Orissa vs Madan Gopal Rungta.The State Of ... on 25 October, 1951
"22. It is a settled legal proposition that the forum of the writ
court cannot be used for the purpose of giving interim relief as
the only and the final relief to any litigant. If the court comes
to the conclusion that the matter requires adjudication by some
other appropriate forum and relegates the said party to that
forum, it should not grant any interim relief in favour of such
a litigant for an interregnum period till the said party
approaches the alternative forum and obtains interim relief.
(Vide State of Orissa v. Madan Gopal Rungta [1951 SCC
1024 : AIR 1952 SC 12] , Amarsarjit Singh v. State of
Punjab [AIR 1962 SC 1305] , State of Orissa v. Ram Chandra
Dev [AIR 1964 SC 685] , State of Bihar v. Rambalak Singh
"Balak" [AIR 1966 SC 1441 : 1966 Cri LJ 1076] and Premier
Automobiles Ltd. v. Kamlekar Shantaram Wadke [(1976) 1
SCC 496 : 1976 SCC (L&S) 70 : AIR 1975 SC 2238] .)"
Premier Automobiles Ltd vs Kamlekar Shantaram Wadke Of Bombay & Ors on 26 August, 1975
"22. It is a settled legal proposition that the forum of the writ
court cannot be used for the purpose of giving interim relief as
the only and the final relief to any litigant. If the court comes
to the conclusion that the matter requires adjudication by some
other appropriate forum and relegates the said party to that
forum, it should not grant any interim relief in favour of such
a litigant for an interregnum period till the said party
approaches the alternative forum and obtains interim relief.
(Vide State of Orissa v. Madan Gopal Rungta [1951 SCC
1024 : AIR 1952 SC 12] , Amarsarjit Singh v. State of
Punjab [AIR 1962 SC 1305] , State of Orissa v. Ram Chandra
Dev [AIR 1964 SC 685] , State of Bihar v. Rambalak Singh
"Balak" [AIR 1966 SC 1441 : 1966 Cri LJ 1076] and Premier
Automobiles Ltd. v. Kamlekar Shantaram Wadke [(1976) 1
SCC 496 : 1976 SCC (L&S) 70 : AIR 1975 SC 2238] .)"
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