2021 (7) TMI 1475 - SCH - Indian Laws

Supreme Court Examines Appeal on Dismissal of Section 9 Arbitration Application and Escrow Payment Orders

The SC addressed the maintainability of an appeal challenging the dismissal of an application under Section 9 of the Arbitration and Conciliation Act, ... Maintainability of appeal - Dismissal of application of the appellant u/s 9 of Arbitration and Conciliation Act, 1996 - non-constitution of arbitral tribunal - it was held by High Court that 'The respondents shall deposit all the money received by them in future from South Delhi Municipal Corporation in connection with the work covered by the Master Service Agreement in the escrow account subject to further direction in this behalf by the arbitral tribunal or the arbitral award that may be passed.' HELD THAT:- Issue notice. Two weeks' time is granted to the respondent to file its counter affidavit - List the matter thereafter. The Supreme Court of India, comprising the Chief Justice and Justices A.S. Bopanna and Hrishikesh Roy, convened via video conferencing to hear the matter. Senior counsel for both parties were heard. The Court issued notice to the respondent, who, through counsel appearing on caveat, accepted and waived formal service. The respondent was granted two weeks to file a counter affidavit. The matter is to be listed thereafter.