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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

An arbitral tribunal in Pune has been constituted to decide a dispute between Sahyadri Infra Pvt Ltd and Narmada Builders. The tribunal passes an interim order under section 17 directing Narmada to deposit Rs 50 lakh to secure the amount in dispute. Narmada ignores the order. Subject to any orders in an appeal under section 37, how may Sahyadri enforce it?

The order is deemed an order of the Court and can be enforced under the Code of Civil Procedure, 1908 as if the Court had passed it. Section 17(2) gives tribunal interim orders this status, subject to any order in a section 37 appeal, so no final award or party consent is needed.

  1. AIt cannot be enforced until a final award is made
  2. BIt is deemed an order of the Court and is enforceable under the Code of Civil Procedure, 1908 as if it were a Court orderCorrect
  3. CIt can be enforced only by a fresh application to the tribunal for a penalty
  4. DIt is enforceable only with the written consent of both parties

Explanation

Section 17(2) provides that, subject to orders in an appeal under section 37, any order issued by the tribunal under section 17 is deemed an order of the Court for all purposes and is enforceable under the Code of Civil Procedure, 1908 in the same manner as a Court order. Waiting for the final award is therefore not required.

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