Isgec Heavy Engineering Ltd v. Empee Sugars And Chemicals Limited

A. No.2826 of 2020 N. SATHISH KUMAR, J.

This application has been filed to grant an order attaching the sugar plant equipment mentioned in the Schedule, which are in the possession of the Respondent pending disposal of the application

2. It is to be noted that Section 9 of the Arbitration and Conciliation Act permits orders for interim measures to be granted and the jurisdiction available to the Court at the post-award stage is till the award is enforceable. Interim orders can be granted in accordance with Section 36 of the Act. Section 36 of the Arbitration and Conciliation Act, 1996, deals with the period of limitation for the enforcement of the award. Once the limitation period for filing application to set aside the Arbitration Award is expired, award can be enforced in accordance with the Civil Procedure Code.

3. It is also to be noted that in this case, petition to challenge the Page 1 / 3

award under Section 34 of the Arbitration Conciliation Act also dismissed. In such a view of the matter, this Court is of the view that no interim order can be passed. It is also held in Gopuram Enterprises Limited vs. Integrated Finance Limited [O.S.A.No.53 of 2021 dated 15.02.2021] by the First Bench of this Court.

4. In such a view of the matter this application is dismissed as not maintainable.

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