• Appeal of Section 9 of Arbitration and conciliation act for Inter

Appeal of Section 9 of Arbitration and conciliation act for Interim reliefs before the Civil Court.

All files have been filed from both the parties, and the judge is ready to address his judgment.

The prayer, for INTERIM relief is the following :

1.	Direct the respondents to deposit a sum of X euros or furnish a security, pending the final disposal of the arbitral proceedings and enforcement of the award.
2.	Grant an order of injunction restraining the respondent or his agents…. From commencing or carrying directly or indirectly any business similar to the Company.
3.	Award the cost of the Application

I would need the following answers:

1.	In case these prayers have been awarded to me, what are those prayers which are APPEALABBLE?
2.	To what Court.
3.	What is the process and delay?
4.	What to do to make the respondent pay for all new costs( them and mine) occurred for the APPEAL.
5.	What to do, so that the award of the cost of the application, be reimbursed to me before the commencement of the APPEAL.
Asked 3 years ago in Civil Law from France
1)The Bombay High Courtin case of Mrs. Perin Hoshang Davierwalla & Anr. v. Mr. Kobad Dorabji Davierwalla &ors  has held that ad interim orders passed by the courts in exercise of their power under Order 39 Rule 1 of the Code of Civil Procedure, 1908 while exercising power under Section 9 of the Arbitration and Conciliation Act, 1996 are appealable under Section 37 of the Act.
 the appeal provisions under Section 37 of the Act include within their ambit not only an appeal which maybe filed against an interim order passed under Section 9 of the Act but also an ad-interim order which maybe passed by a trial court under the same provision.

2) an appeal against order passed by district court would lie to HC 

3)you would have to bear the costs incurred for  engaging lawyer and opposing appeal . in case appeal is dismissed you should pray for imposition of costs 

4) you can pray that award of payment of costs should be complied with  by the respondents as per order passed by district court 
Ajay Sethi
Advocate, Mumbai
46908 Answers
2775 Consultations

5.0 on 5.0

1. All the prayers made are appellable in nature under section 34 of the Arbitration and conciliation act. 
2.The appeal will lie to the high court.
3. An appeal is to be filed within 30 days of service of the notice of the award. You will have to engage a lawyer for filling the appeal.
4. A prayer with a direction from court to award litigation expenses can be made in the appeal.
5. It cannot be reimbursed to you before commencement of the appeal. It is always made by the court alongwith final order of the appeal.
Shaveta Sanghi
Advocate, Panchkula
887 Answers
64 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer