Whether court is barred from passing interlocutory orders if application U/S 8 of Arbitration Act is filed?
Till pendency of the application under
section 8 of the Arbitration Act for supplemental and incidental proceedings
including passing of interlocutory orders, there is no jurisdictional bar to
pass orders and directions. There is nothing to show that miscellaneous and
incidental proceedings cannot go on before the court.
29. Even a reading of section 5 and section 8 of the Arbitration Act does
not show that on a mere filing of an application under section 8 of the
arbitration act the court loses its jurisdiction to pass any further orders either
in the main proceedings or in the supplementary or incidental proceedings in
the said suit. No such interpretation can follow from a reading of section 5
and section 8 of the arbitration act.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Pronounced on: 21.05.2018
CO.A(SB) 26/2008
MR. DEEPAK KHOSLA Vs UNION OF INDIA & ORS.
CORAM:
HON’BLE MR. JUSTICE JAYANT NATH
https://www.lawweb.in/2018/05/whether-court-is-barred-from-passing.html
