Kiritkumar Futarmal Jain vs. Valencia Corporation [Special Civil Application No. 15145 of 2019]: Gujarat High Court
Once an application of interim measure is decided by the Court under section 9 of the Indian Arbitration Act, it cannot be decided again by the Arbitral Tribunal under section 17(2) of the Act
21.6. In the considered opinion of this Court, once
the Jurisdiction of the Court is invoked under Section 9 of the Arbitration Act
for interim measures as contemplated therein, either before or during the
pendency of Arbitral proceedings or at any time after the making of Arbitral
award but before it is enforced in accordance with Section 36 of that Act and
such remedy is exhausted, similar interim measures cannot be claimed before the
Arbitral Tribunal under Sub-Section (2) of Section 17 of the Arbitration Act,
inasmuch as, it would give rise to a situation where there would simultaneously
be two orders in existence in respect of the same cause of action, one passed
by the Court and the other passed by the Arbitral Tribunal, which order is also
required to be treated as an order of the Court for all purposes, which could
not have been the intention of the Legislature. The second question, therefore,
is also required to be answered in favour of the respondents and against the
petitioner.