Paradise Hotels & Restaurant Vs Airport Authority of India
In the present case, the appeal was filed u/s 37 (1) (a), which provides for an appeal against an order granting or refusing to grant any measure u/s 9. The Ex-parte injunction was granted without recording satisfaction about the existence of an arbitration agreement.
It was held that for granting interim measure u/s 9, the court first has to be satisfied that there exists a valid arbitration agreement. An ex parte injunction granted without recording satisfaction about the existence of an arbitration agreement, although the order is not final and is only interim in nature, yet it affects the substantive right of the appellant. Therefore the appeal is maintainable.
Harbhajan Singh Kaur Vs Unimode Finance (P) Ltd
While discussing the scope of section 37(1)(a) in this matter, it was held that this section provides for granting or refusing to grant any measure u/s 9. Section 37(1)(a) does not reflect the projection of a truncated portion of section 9 but it tends to cover section 9 in its entirety. There is no doubt that section 9 (ii) (c) is very much within the ambit of section 9 and if section 9 is not capable of being split up or fragmented or if it is to be viewed as a comprehensive genus then any species of orders coming u/s 9 becomes appealable
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