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1 - 9 of 9 (0.27 seconds)Section 17 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 21 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 36 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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
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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.
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
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execution and enforcement of their rights obtained outside the arbitration
agreement, are even remotely veritable parties to the arbitration agreement.
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
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execution and enforcement of their rights obtained outside the arbitration
agreement, are even remotely veritable parties to the arbitration agreement.
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