2012 (12) TMI 1138

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....y Jain, Sr.Advocate instructed by Ms.Ruchi Agnihotri,Ms.Smarika Singh, Mr.Jai Mohan, Ms. Shreya, Advocates. For the Respondent: Mr.Rajiv Nayar, Sr.Advocate, Mr.Sandeep Sethi,Sr.Advocate, instructed by Mr.Ashish Bhan, Mr. Ashish Dholakia, Mr.Anand Prasad, Mr.Sitesh Mukherjee, Ms.Padmaja Kaul,   O R D E R 05.12.2012 Caveat No.1224/2012 Since counsel as above appear for the res....

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....ject matter of dispute is non-arbitrable, the question of a Court rendering assistance by way of granting an interim measure in exercise of power under Section 9 of the Arbitration and Conciliation Act, 1996 would not arise. 4. Now, law recognizes that where a Court is called upon to decide on its jurisdiction and defers hearing, the Court is not denuded the power to pass an ad-interim order ti....

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....y the appellant is case made out to pass an ad-interim direction. Alternatively, it would be open for the learned Single Judge to decide on the maintainability of OMP No. 1127/2012; and for either course to be adopted, we issue no specific direction inasmuch as keeping in view the Board of the Court and time available, either course may be chartered by the learned Single Judge. 7. If the appell....