M/S. GAIL (I) LTD. versus BAL KISHAN AGARWAL GLASS INDUSTRIES LTD.

M/S. GAIL (I) LTD. versus BAL KISHAN AGARWAL GLASS INDUSTRIES LTD.

The proper forum for interim relief in the context of ongoing arbitral proceedings is the Arbitrator under Section 17 of the Arbitration and Conciliation Act. Civil Courts should refrain from interfering once arbitration is invoked and parties are before the Arbitrator.

Parties
Appellant: M/S. GAIL (I) LTD.; Respondent: BAL KISHAN AGARWAL GLASS INDUSTRIES LTD.
Jurisdiction
India
Judgment Date
07 August 2008
Procedural Posture
Civil Appeal / Supreme Court Disposition of Appeal From High Court Judgment
Outcome
Appeal disposed of
Legal Topics
Interim Orders, Gas Supply Agreement, Tampering of Meter, Jurisdiction of Civil Courts During Arbitration
Arbitration Interim Orders Gas Supply Agreement Tampering of Meter Jurisdiction of Civil Courts During Arbitration

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Parties

M/S. GAIL (I) LTD.

Appellant

BAL KISHAN AGARWAL GLASS INDUSTRIES LTD.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Disposition of Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Civil Court and High Court were justified in passing interim orders during pendency of arbitral proceedings
  2. 2 Whether interim relief for gas supply reconnection could be granted outside arbitration

Ratio Decidendi

The proper forum for interim relief in the context of ongoing arbitral proceedings is the Arbitrator under Section 17 of the Arbitration and Conciliation Act. Civil Courts should refrain from interfering once arbitration is invoked and parties are before the Arbitrator.

Court Disposition

Appeal disposed of

Orders

  • Respondent shall within ten days make an application for interim arrangement before the Arbitrator.
  • Appellant shall file response/objection within three days of receipt of copy of application.