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Arbitral tribunal has no power to appoint Court Receiver, High Court
Case Law Details
- Case Name
- M/s. Shakti International Private Limited Vs M/s. Excel Metal Processors Private Limited (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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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 d...
