Question

The pendency of any arbitral 'proceeding is not a pre-condition in exercise of power by court. The court may grant interim relief before or during arbitral proceedings or at anytime after making of the arbitral award before it is enforces. It was held in case of

• A. Om Prakash v. State of Littar Pradesh, AIR $2010$ Uttra $64$
• B. Global Co-generation Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, AIR $2005$ Kant $94$
• C. MCD v. Pradeep Oil Mills Pvt. "Ltd., AIR $2010$ Del $119$
• D. none of the above

Answer 1

The correct option is B Global Co-generation Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, AIR $2005$ Kant $94$

In the case of Global Congeneration Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, [AIR 2005 Kar 94], the question was regarding the awarding of interim award under section 9 of the Arbitration and Conciliation Act, 1996. It was held that under Section 41(b) of the Arbitration Act 1940, the Court had power to grant interim reliefs, for the purpose of, and in relation to arbitration proceedings. Section 41(b) was interpreted to mean that the Court could grant interim relief if the arbitration proceedings were pending before the arbitrator or before the Court. Pendency of any proceedings in the Court in relation to the arbitration was a precondition for the exercise of power by the Court to grant interim relief under Section 41(b) of the Arbitration Act, 1940.