High CourtsDivision Bench

Saurabh Chaudhary vs Apport Developers Pvt. Ltd And Others

Uttarakhand High Court · Decided on 8 October 2024 · Citation: (2024) 10 UK CK 0029

HON’BLE JUDGES
Ritu Bahri, CJ · Rakesh Thapliyal, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 9
RESULT
Disposed Of
CASE NUMBER
Appeal From Order No. 414 Of 2024
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Judgment

3 paragraphs · 156 words

Ritu Bahri, CJ

1.

The short prayer of the appellant in the present Appeal from Order is that by the order dated 01.10.2024, his application under Section 9 of the Arbitration and Conciliation Act, 1996, is pending and notice has been issued in the application for interim relief. However, the Commercial Court has not granted any ex parte interim order, keeping in view that without hearing the opposite side, it could not be correct to pass the interim order. However, the grievance of the appellant in this present appeal precisely is that during the pendency of Section 9 application under Arbitration and Conciliation Act, 1996, no third party rights can be created, so that the matter does not get complicated.

2.

In view of the above, this appeal from order is being disposed of by observing that no third party rights will be created till the interim application pending before the Commercial Court, Dehradun is decided.