KHORSHED EDDIE NARAGWALLA Vs. DARYUS SOLEY PANTHAKEY

JUDGEMENT

(1.) Heard finally. The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), and prayed for various interim reliefs, basically on the foundation that though there was no Arbitration agreement between the parties, but in view of the dispute so raised in a suit, the Court by consent, had appointed an Arbitrator and accordingly the parties proceeded before the learned Arbitrator.

(2.) In the minutes of the order in the suit, at the time of appointment of the Arbitrator, it is observed as under :

(3.) However, for the reasons recorded in the Petition and as the Respondent is not willing to continue with the arbitration, after the death of the named Arbitrator, the Petitioner has filed Section 9 Petition for interim protection and/or to continue the protection already, granted as recorded above.