No HC Relief
Saffron production. “However, the Department of Agriculture & Farmers Welfare, Govt. Of India has requested the UT Administration to conduct a detailed review of all the activities taken up under the National Saffron Mission in J&K to ensure the effective utilization of infrastructure and facilities created under the National Saffron Mission for the overall development of Saffron sector in Jammu & Kashmir.
the matter to the Arbitral Tribunal, requesting them to nominate an Arbitrator on their behalf.
Both parities among others had agreed that The Board of arbitrators shall consist of 3 arbitrators, with each Party appointing one arbitrator and the third arbitrator being appointed by the two arbitrators so appointed.
“If the parties cannot agree on the appointment of the Arbitrator within a period of one month from the notification by one party to the other of existence of such dispute, then the Arbitrator shall be appointed by the High Court of Jammu & Kashmir.”
Feeling aggrieved of the same, the government has filed the present petition under Section 9 of the Arbitration and Conciliation Act 1996, seeking interim protection from this Court.
The law is settled that by way of a Section 9 petition under the Act, a party cannot seek specific performance of the contract, the court. Since the insurance contract stands terminated, the court said it cannot intervene under Section 9 of the Arbitration and Conciliation Act to direct specific performance of the contract.
“The law is well settled that whether the termination/exit notice met the requirement of the contract or not and thus, whether the termination/exit was valid or not, would be questions which are required to be examined and adjudicated upon by the Arbitrator,” the court said while rejecting government’s petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief.
However, the Court made it clear that its observations are only a prima facie evaluation undertaken for the purpose of passing the order under Section 9 of the Act.
“The Arbitral Tribunal which is yet to be constituted shall not be bound by any of the observations made in this order,” the court said, adding, “The Arbitral Tribunal shall deal with the issues raised before it, even if they are the same as raised before this Court, independently, without, being influenced by any of observation made in this order or the findings recorded by this Court, prima facie.”