C.A. No. 003613 - 003615 / 2018
STATE BANK OF INDIA THROUGH ITS CHIEF MANAGER vs ERICSSON INDIA PRIVATE LIMITED THROUGH DIRECTOR
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL and HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Order Date
05-04-2018
Filed On
19-03-2018 03:30 PM
casestatus.in Summary
An Arbitral Tribunal constituted under the Arbitration and Conciliation Act, 1996 lacks jurisdiction to pass interim orders under Section 17 that prejudicially affect the statutory rights of secured creditors who are not parties to the arbitration proceedings; further, any such order purportedly analogous to Order XXXVIII Rules 5 and 10 CPC must strictly comply with the conditions prescribed thereunder. This analysis, available on casestatus.in, affirms that the jurisdiction of an Arbitral Tribunal is confined to the parties before it and cannot be extended to bind or curtail the remedies of third-party secured creditors.