approached under the
Arbitration Act for interim relief or interim protection.
12. Professor Lew in his 'Commentary on Interim
and Conservatory Measures in ICC Arbitration ... classical
rules for the grant of such an interim measure. Whether
an interim mandatory injunction could be granted
directing the continuance of the working
Learned Senior Counsel argues that prayer Clause (D) is for an
interim injunction restraining the Respondent from taking coercive steps
against the Petitioner under ... that the appellant had sought for an
injunction seeking to specifically enforce the agreement.
Such an injunction is statutorily prohibited with respect of
a contract
Interim injunctions in support of arbitral proceedings.
The Court has power under Section 44(2)(e) to grant interim injunction in respect of arbitration proceedings ... injunction under section 44 of the Act extends to the granting of a Mareva injunction in appropriate cases. It may also include granting an interim
such
interim measure of protection as may appear to the court to be
just and convenient. The grant of an interim prohibitory
injunction ... interim reliefs.
xxx xxx xxx
FAO(OS) 203, 204 & 205 of 2014 Page 29 of 45
21 ... ... .... Whether an interim mandatory
injunction could
injunction application is decided to hold that the suit is not maintainable in this Court and therefore, injunction also cannot be granted and the injunction ... interim measure of protection in respect of the subject matter of the property can be done by prohibition or by interim injunction
obviously could not, therefore,
make an interim order which, though ostensibly in form
an order of interim injunction, in substance amounted to
a direction ... such interim measure of
protection as may appear to the court to be just and
convenient. The grant of an interim prohibitory
injunction
adjudciation of the disputes, issue an ad
interim ex-parte injunction/interim measures as
contemplated under Section 9 of the Arbitration and
Conciliation ... such
interim measure of protection as may appear to the court to be
just and convenient. The grant of an interim prohibitory
injunction
interim ex parte orders in the second /third week of December 2011 and this Court granted a limited interim order of injunction only in respect ... copies of the interim orders so passed, the respondent came up with applications seeking interim suspension of the order of injunction. But, those applications were
applications, the main one being for continuing the ex parte ad interim injunction granted on 13th January, 2003.
2. The family tree of the Kapur ... acting in pursuance of the impugned report. This ex parte ad interim injunction has continued till today. Feeling aggrieved by the ex parte ad interim
Trial Judge granted the initial interim order on
19th November, 2007 but after obtaining the ad interim order of injunction, no
further amount of instalment ... Trial Judge granted the initial interim order on 21st
November, 2007 but after obtaining the ad interim order of injunction, no further
amount of instalment