2004 (10) TMI 615 - HC - Indian Laws

Summary

Issues:
1. Appeal against the order of learned Single Judge regarding attachment of property in arbitration dispute under Section 9 of the Arbitration and Conciliation Act.
2. Interpretation of the applicability of provisions of Order 38 Rule 5 of the Code of Civil Procedure in arbitration proceedings.
3. Challenge to the discretion exercised by the learned Single Judge in granting or vacating the interim attachment order.

Analysis:
1. The appellant, an architect engaged by the respondent society, filed an appeal against the order of the learned Single Judge regarding an application under Section 9 of the Arbitration and Conciliation Act for interim attachment orders. Initially, an interim order attaching the property of the society was passed, which was later vacated after hearing the parties by the impugned order.

2. The appellant's counsel relied on judgments from the learned Single Judge of the Delhi High Court and the Bombay High Court to argue that the power to grant interim relief in arbitration proceedings should not be restricted by the provisions of Order 38 Rule 5 of the Code of Civil Procedure. The High Court analyzed the impugned judgment and emphasized that while the Code of Civil Procedure is not explicitly mentioned in the Arbitration and Conciliation Act, its principles are applicable. The Court referred to a Supreme Court decision stating that the procedural aspects of the Code should be read into the Act when the Court exercises its powers. The learned Single Judge considered the provisions of Order 38 Rule 5 to exercise discretion under Section 9(ii)(b) of the Act, ensuring justice to the cause.

3. The High Court found no infirmity in the order passed by the learned Single Judge and dismissed the appeal, concluding that there was no merit in challenging the decision. The Court upheld the discretion exercised by the learned Single Judge in granting or vacating the interim attachment order, emphasizing the importance of considering the provisions of the Code of Civil Procedure in such applications.

Judgment:
The High Court upheld the decision of the learned Single Judge, emphasizing the applicability of the principles of the Code of Civil Procedure in arbitration proceedings to ensure justice and proper exercise of discretion in granting interim relief.