Arbitration Application (Commercial) No.09/2019
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GASG010009392019
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ORDER BELOW EXHIBIT 1
( Delivered on this the 5th day of the month of October of the year
2019)
None appeared for the applicant, Learned Advocate Shri J.
Ramaiya appeared for the respondent. Matter was kept back and
called again however, applicant and their Counsel remained absent.
2. On the last date of hearing i.e. on 07.09.2019, it was reported
that Learned Arbitral Tribunal is already constituted as per the order of
Hon’ble High Court in the Application for appointment of Arbitrator
No.4/2019 dated 14.06.2019.
3. Respondent filed affidavit at exhibit 13 disclosing that the
preliminary hearing before the Learned Arbitral Tribunal was fixed on
14.08.2019.
4. Today, Learned Counsel Shri J. Ramaiya for the respondent
disclosed that during the preliminary hearing, the schedule was fixed
by the Learned Arbitral Tribunal and both the parties were directed to
plead the pleadings on or before 11.11.2019 by giving liberty to the
parties to approach the Tribunal for filing any application under Section
17 of the Act.
Arbitration Application (Commercial) No.09/2019
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5. The reliefs prayed in the present application are only till the
formation of Arbitral Tribunal and therefore, once the Tribunal is
constituted, provisions of Section 17 shall apply and as per Section
9(3) of the amended provisions of Arbitration and Conciliation Act,
1996, this Court is precluded from entertaining any application under
Section 9(1) of the Act once Arbitral Tribunal is constituted.
6. In view of the above fact, nothing survives in the present
application as the Tribunal is already constituted and the parties are
free to approach the Learned Arbitral Tribunal under Section 17 of the
Act in case of need for interim relief.
7. Having said so, the present application stands disposed of in
view of the provisions of Section 9(3) as the same does not survive
any more due to constitution of Arbitral Tribunal.
Proceedings closed.
Margao.
Dated:05.10.2019.
( B.P. Deshpande )
Principal District Judge,
South Goa,
Margao.
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