Indus Towers Limited Rep By Its Authorized Signatory Mr S Prasanna v. Federation Of Orchid Springs Residents Association Rep By Its Authorized Signatory

Arbitration Application No.758 of 2024 ABDUL QUDDHOSE, J.

Indus Towers Limited, Chennai.

.. Applicant Vs.

Federation of Orchid Springs Residents Association, Chennai.

.. Respondent Till date, the applicant has not initiated arbitration, despite the fact that the applicant is having the benefit of interim order dated 29.10.2024 for appointment of an Advocate Commissioner under Section 9 of the Arbitration and Conciliation Act, 1996 (in short "the Act").

2. The Advocate Commissioner has also not been able to execute the warrant of commission as seen from his report. According to him, police did not cooperate with him for executing the warrant of commission. As per Section 9(2) of the Act, the applicant, who has obtained interim order under Section 9(1) of the Act, will have to initiate arbitration within a period of 90 days. In the case on hand, since the applicant has not initiated arbitration within a period of 90 days from the date of obtaining the order, i.e., on 29.10.2024, no further reliefs can be 1/3

granted to the applicant under Section 9(1) of the Act. Accordingly, this application is dismissed on the ground of non-compliance of Section 9(2) of the Act.

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ABDUL QUDDHOSE, J.

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