Arbitration and Conciliation Act, 1996
Section 17—Refusal by Arbitral Tribunal to reverse the recoveries made by the respondent—Challenged—Recoveries were made by DTC from time to time and till date petitioner has not filed a counter claim to claim the sums back—Having failed to make a substantive claim in the arbitral proceedings, it cannot seek recovery by way of interim mandatory injunction under  HYPERLINK "https://indiankanoon.org/doc/318136/" \h Section 17 of the Arbitration and Conciliation Act—Such relief would be beyond the scope of  HYPERLINK "https://indiankanoon.org/doc/318136/" \h Section 17 and arbitral tribunal is correct in not entertaining the prayer.
[Paras 20 & 21]
Section 17—Application for interim relief—Effect of withdrawal of Section 9 petition—Contention that relief sought from the AT is barred by constructive res judicata—Where withdrawal of a Section 9 petition is conditional, it cannot be treated as res judicata for a subsequent Section 17 application under the Arbitration and Conciliation Act.
[Paras 14 & 15]