Arbitral tribunal’s amended power to appoint a receiver

By Vivek Vashi and Aditi Bhansali, Bharucha & Partners

Bombay High Court, in M/s Shakti International Private Limited v M/s Excel Metal Processors Private Limited, recently analysed the scope of the arbitral tribunal’s powers under section 17 of the Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation (Amendment) Act, 2015, and distinguished between the court’s powers under the amended section 9 and powers of the tribunal under the amended section 17, clarifying that the appointment of the Bombay High Court Receiver was not within the jurisdiction of the arbitral tribunal.

Vivek Vashi, Bharucha & Partners
Vivek Vashi
Bharucha & Partners

The decision was based on the status of the High Court Receiver and the court’s interpretation of the amended section 17.

The court noted that under Chapter XXX of the Bombay High Court (Original Side) Rules, 1980, and order XL of the Code of Civil Procedure, 1908, the Office of the Court Receiver, High Court, Bombay, functions only under the court’s supervision and control and only the court has the power to give directions to the court receiver (based on ICICI Ltd v Patheja Brothers Forgings and Stampings Ltd & Ors, 2000).

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Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Aditi Bhansali is an associate.


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