2012 (12) TMI 1138 - HC - Companies Law

Summary

Issues involved: Jurisdiction of the Tribunal in relation to arbitration, maintainability of petition under Section 9 of the Arbitration and Conciliation Act, 1996.

In the judgment, the High Court of Delhi addressed the issue of jurisdiction concerning a petition under Section 9 of the Arbitration and Conciliation Act, 1996. The order in question, dated December 3, 2012, pertained to OMP 1127/2012 filed by the appellant. The Tribunal's decision on jurisdiction led the learned Single Judge to schedule a hearing for January 07, 2013, to assess the maintainability of the petition. The crux of the impugned order emphasized that if the subject matter of dispute is non-arbitrable, the Court's intervention under Section 9 would not be warranted. However, the Court retained the power to issue ad-interim orders while deciding on its jurisdiction, a point that was not extensively argued before the Single Judge. The judgment concluded by directing the appellant to bring attention to the legal position and considerations for an ad-interim direction, leaving the decision on maintainability to the discretion of the Single Judge. The Court also noted that no opinion on the merits of the controversy was expressed, and ordered the distribution of the order to the respective counsels promptly.