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Firm Ashok Traders And Anr. Etc vs Gurumukh Das Saluja And Ors. Etc on 9 January, 2004

24. The range and scope of proceedings under Section 9 are always in aid of arbitral proceedings. The jurisdiction is not a standalone equity jurisdiction but is an equity jurisdiction within the contours of the arbitration agreement. The DA could lend itself to enforcement of its terms - specific relief or 1 Firm Ashok Traders And Anr. vs Gurumukh Das Saluja And Ors. -(2004) 3 SCC 155 Page 18 of 42 APRIL 29, 2026 Aarti Palkar ::: Uploaded on - 14/05/2026 ::: Downloaded on - 15/05/2026 23:11:50 ::: CARBP.559.2017,doc.doc damages, all of which would be the subject matter of evidence to be recorded in the arbitral proceedings. Now that the Learned Arbitral Tribunal has indeed been constituted; the Section 17 Application has indeed been filed; the Section 17 Order has indeed been passed; and even the Section 37 Petition has now been filed, the disputes and differences that form the subject matter of the arbitration agreement are well on course and underway in the arbitral proceedings. As a matter of rule of law, there is no basis left for the Section 9 Petition to be continued.
Supreme Court of India Cites 14 - Cited by 327 - Full Document

Cox And Kings Ltd. vs Sap India Pvt. Ltd. on 6 May, 2022

27. Against this backdrop, I have to remind myself that when I sit as the Section 9 Court, I am a creature of the statute under which the powers of this jurisdiction are to be exercised. It is an ordinary civil jurisdiction and one that is created by statute. This jurisdiction is not an extraordinary civil writ jurisdiction where the writ of the Court could run large over members of Society who are not parties to the arbitration agreement. As a matter of law, the law on arbitration has evolved beyond parties to the arbitration with the law on veritable parties having been declared with progressive movement - Cox and Kings2, ASF Buildtech3, and Advaya4. Therefore, one must examine at the least, if the third parties who seek a shoo-in into these proceedings for 2 Cox and Kings Ltd. v. SAP India (P) Ltd. - (2024) 4 SCC 1 3 ASF Buildtech Private Limited v. Shapoorji Pallonji and Company Private Limited - 2025 SCC OnLine SC 1016 4 Adavya Projects Pvt. Ltd. vs. Vishal Structurals Pvt. Ltd. & Ors. - 2025 SCC Online 806 Page 20 of 42 APRIL 29, 2026 Aarti Palkar ::: Uploaded on - 14/05/2026 ::: Downloaded on - 15/05/2026 23:11:50 ::: CARBP.559.2017,doc.doc execution and enforcement of their rights obtained outside the arbitration agreement, are even remotely veritable parties to the arbitration agreement.
Supreme Court of India Cites 28 - Cited by 21 - N V Ramana - Full Document

Adavya Projects Pvt Ltd vs Vishal Structurals Pvt Ltd on 6 October, 2021

27. Against this backdrop, I have to remind myself that when I sit as the Section 9 Court, I am a creature of the statute under which the powers of this jurisdiction are to be exercised. It is an ordinary civil jurisdiction and one that is created by statute. This jurisdiction is not an extraordinary civil writ jurisdiction where the writ of the Court could run large over members of Society who are not parties to the arbitration agreement. As a matter of law, the law on arbitration has evolved beyond parties to the arbitration with the law on veritable parties having been declared with progressive movement - Cox and Kings2, ASF Buildtech3, and Advaya4. Therefore, one must examine at the least, if the third parties who seek a shoo-in into these proceedings for 2 Cox and Kings Ltd. v. SAP India (P) Ltd. - (2024) 4 SCC 1 3 ASF Buildtech Private Limited v. Shapoorji Pallonji and Company Private Limited - 2025 SCC OnLine SC 1016 4 Adavya Projects Pvt. Ltd. vs. Vishal Structurals Pvt. Ltd. & Ors. - 2025 SCC Online 806 Page 20 of 42 APRIL 29, 2026 Aarti Palkar ::: Uploaded on - 14/05/2026 ::: Downloaded on - 15/05/2026 23:11:50 ::: CARBP.559.2017,doc.doc execution and enforcement of their rights obtained outside the arbitration agreement, are even remotely veritable parties to the arbitration agreement.
Delhi High Court - Orders Cites 0 - Cited by 0 - S Narula - Full Document
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