Whether petition U/S 9 of Arbitration Act is tenable before high court?

This petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996. Such a petition can be filed only before the civil court of original jurisdiction in a district.

Karnataka High Court

M/S Annam Steels Private Limited vs M/S Kiocl Limited on 1 August, 2017

Author: Ashok B.Hinchigeri

C.M.P. No.235 OF 2016

The petitioner's prayers are as follows:-

"(i) Exercise its jurisdiction and powers under Section 09 of the Arbitration and Conciliation Act, 1996 and direct the Respondent to permit the petitioner to re-start/commence the removal of it's property, being all global items vide tender number KIOCL / MTLS/ KM & BE / 2012/043, viz., Kudremukh Mining and Beneficiation Equipment, "as a package and as is where is no complaint basis" from the premises of the Respondent, which is remaining to be removed from the premises of the Respondent, at Kudremukh Site, as per Tender;

(ii) Grant any other relief as this Hon'ble Court may deem fit to grant, in the circumstances of the case, in the interest of justice and equity."

2. The Office has raised an objection to the maintainability of this petition.

3. This petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996. Such a petition can be filed only before the civil court of original jurisdiction in a district.

4. Upholding the office objection, I reject this petition. The liberty is expressly reserved to the petitioner to file such application/petition before the appropriate forum.

5. No order as to costs.

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