Real Estate and Property : Arbitral Award and Interim Measures after Passing Arbitral Award in Real-Estate Sector
In case of Pant Nagar Ashwamegh Co-operative Housing Society Limited v Kavya Construction Company (formerly known as Akruti Constructions Company) [2025] GCtR 1742 (Bombay), petition was filed under S.9 of A&C Act, 1996 after arbitral award was passed. The case concerned a redevelopment project where a development agreement was executed.
The counter-argument raised was that execution petition should be filed and not a petition under S.9.
It was held that the Section 9 Court cannot be blind to the situations, particularly in view of the jurisdiction being an equitable jurisdiction.
The principle that emerged here is that Court under S.9 can also act to secure the fruits of the Arbitral Award, issue specific directions to the opposite party so that the interests of the applicant can be protected and the competing interests of the parties can be balanced and adjusted.
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