interim relief u/s-9 of arbitration & concilation act, 1996

Sumit Vats (Querist) 24 June 2008 This query is : Resolved
Whether a person go for interim relief directely through the Addl. District Judge or first he should go to the civil judge.

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H. S. Thukral (Expert) 24 June 2008
The court of Distt Judge / High Court having original juridiction, is the Principal Civil Court as per definition of the Court in the ACA Act. Distt. Judge usually transfers such cases to Additional District Judge. But Allhabad High Court in one case has held that the Court of Distt. Judge is only competent Court to hear Arbitration matters.

Srinivas.B.S.S.T (Expert) 24 June 2008
As per recent judgment only the Principal District Judge is competent to hear the AOP's. For a relief under Section 9 you have to knock the doors of PDJ only.

Guest (Expert) 25 June 2008
Sumit Vas, which court does it relate to. What kind of abitration, contractual, family or what is it.

Please be more clear, by mentioning jurisdictions.

KamalNayanSaxena (Expert) 26 June 2008
No suit and application for interim releif may be filed before ADJ, directly, if it is not the principal court of jurisdiction. you must mention the particulars of the matter, so, the jurisdiction of court may be decided.

Srinivas.B.S.S.T (Expert) 26 June 2008
You question really does not match with the tilte you choose.

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