I have an Ex Parte Interim Injunction for properties under partition suit in Delhi High Court. If I go for arbritration, will this interim Injunction be vacated by court on its own because I chose arbritration? Or can civil court continue with injunction; until the matter is resolved through arbritration? Is it legally possible to plead to court that Injunction be continued until arbritration is over (now days within 1 and half years)???? Pls. advise. Thanks
Sir for going to arbitration suit has to be withdrawn so the stay shall be vacated. No the injunction order wont be there you need to seek injunction from arbitration tribunal it has power for same.
Though court can extend interim injunction till the arbitration tribunal pass an order of injunction for time being.
Hello
The matter pertains to a partition suit. An injunction exists in your favour. arbitration under the arbitration and conciliation act can only be filed for in the hc if there is an agreement to that effect. In cases of partition suit the hc cannot order arbitration. You yourself can work out a family arrangement and then present the arrangement to the civil court which will pass a decree.
Regards
1. Well, if there is an arbitration clause then referring the case fro arbitration under section 8 of the Arbitration Act is binding upon the court.
2. In that event your choice makes little difference.
3. However once the matter is referred to the arbitrator u/s 8 of the Act of the court, you can apply for injunction afresh before the arbitrator which include ad interim order of injunction as well.
4. After the referral of the dispute before the Arbitrator the court becomes functus officio and hence the orders passed by it ceases to exist as well.
Hello,
If arbitration is initiated in this case then partition suit is to be withdrawn. As soon as partition suit is withdrawn the interim stay will be vacated.
However, at the time of withdrawal you may take order from the court that interim stay be continued till the time the arbitration is decided.
Regards
1) once dispute is referred to arbitration civil court would not pass order for injunction until arbitration is disposed of
2) you can seek interim orders before the arbitrator
Hello,
Until and unless the matter is disposed off either by arbitration or by adjudication by the court there will be a status quo.
Hope this helps.
Regards
I have 39(3) in favour. injunction and status quo. there is partition, rendition, dissolution of firms etc. based on will, HUF, self owned properties. the properties derive from clear titles, through partnership firms etc. So, If I agreed and went for arbritration; will the current already granted status quo injunction order shall be vacated by delhi high court? I just want to understand that if matter is referred to arbritration, then in this case as above, the injunction can continue through delhi high court until arbritration is over?
Yes if the suit is withdrawn and matter goes for arbitration the stay is vacated,
If main suit is withdrawn stay cannot be extended. The arbitral tribunal shall have power to grant stay then/
Court will direct you to apply for injunction before arbitrator
Injunction granted by court would not continue until arbitration is over
I take it that there is no pre-existing contractual relationship with an arbitration clause or a separate arbitration agreement. I also take it that there is a willingness on the part of both parties to the dispute to have the matter adjudicated through arbitration.
In that case, arbitration can only be instituted by taking recourse to Section 89 CPC. This will require the filing of a joint memo or application by the parties to the dispute to the Court since there is no pre-existing arbitration agreement. Otherwise, this cannot be referred to arbitration by a Court under Section 89. (Please see Kerala State Electricity Board and Anr. v. Kurien E. Kathil.)
As for the injunction, there are two ways of doing it:
1. Both parties agree to maintain the status quo and record and commit to this understanding in their joint memo or application; or
2. You move an application under Section 9 of the Arbitration and Conciliation Act for interim measures (read: injunction) before the Court. In that application, you can ask that the injunction already granted to you, as part of the the partition suit, be replicated by the way of an order for interim measures. That you already have an injunction in your favour should enure to your benefit. This way, you would be able to preserve the status quo during the arbitral proceedings.
I must point out that I don’t have the exact facts of the case and this is the best possible answer I could think of in light of the facts before me.
I hope you have your answer. Follow-up questions welcome!
I have already replied in detail on this. Refer to my reply above.
No.Going for arbitration is not a ground to vacate the injunction.
If the case is being referred by the court to arbitration then the stay will continue, but get this in order from the court
The injunction suit is different to that of the arbitration proceedings.
You can continue with the injunction suit as per law and do not have to withdraw the same for any reason.
The arbitration proceedings will continue in the manner that has been initiated and let the arbitration decision be announced, if it is in your favor then you may withdraw the injunction suit or contineu with that also till your appeal arbitration award is disposed.
The court will not take any suo moto action to vcate the exparte injunction order just because the arbitration proceedings are pending.
