Case Law Details
Issue- Legal issue as to whether an arbitral tribunal has the power to appoint the Court Receiver, High Court, Bombay as a Receiver under Section 17 of the Amended Act.
Held- Notwithstanding the width of power for making interim orders, the arbitral tribunal has its limitation as it is not a Court and that there are some matters or functions, which can only be done by the Court. So an an arbitral tribunal has the power to appoint the Court Receiver, High Court, Bombay as a Receiver under Section 17 of the Amended Act.
Detailed Discussion is as follows :
1. The above Court Receiver’s Report dated 28th December, 2016 (“Report”) is filed by the Court Receiver, High Court, Bombay, seeking directions on “Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of orders passed by it etc.” . The need to file the present Report arose since the Arbitral Tribunal in the dispute between M/s. Shakti International Pvt. Ltd. (“the Claimant”) and M/s. Excel Processors Pvt. Ltd. (“the Respondent”), on an Application of the Claimant under Section 17 of the Arbitration and Conciliation Act, 1996, as amended on 23rd October, 2015 (hereinafter “the Amended Act”) passed an Order dated 27th December, 2016, appointing the Court Receiver, High Court, Bombay, as Receiver of certain goods, and communicated the same to the Court Receiver, High Court, Bombay.
2. The Report raises the legal issue as to whether an arbitral tribunal has the power to appoint the Court Receiver, High Court, Bombay as a Receiver under Section 17 of the Amended Act.
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