AIR 2011 MADRAS 110 ::(2011) 3 Arbi L.R. 327 ::(2011) 3 Mad LW 357

Madras High Court

Hon'ble Judge(s): R. Banumathi, M. M. Sundresh , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.9, S.2(1)(e)— Interim injunction - Petition u/S. 9 - Territorial jurisdiction - For a Court to exercise jurisdiction under S. 9 "the Court" must be a "Court" as defined under S. 2(1)(e) of Act and where the cause of action has arisen - Joint development agreement between parties executed in chennai - Parties have agreed that venue of arbitration shall be Chennai - Original Side of Madras High Court has jurisdiction to entertain petition under S. 9 of Act. 2009 (5) CTC 97, Overruled.O.A. Nos. 40 and 41 of 2010, D/- 3-12-2010, Reversed. (Para 17 18) (B) Arbitration and Conciliation Act (26 of 1996) , S.9— Interim injunction - Prima facie case, even if exists - Court will not grant "injunction" where Court feels that grant of injunction would frustrate object of arbitration. (Para 28) .....