Topic

Equitable Jurisdiction

3 articlesLatest June 2026
Equitable Jurisdiction Under Section 9 Arbitration Act | Court Receiver Cannot Be Discharged Without Adjudicating Consent Award Disputes: Bombay HC
Case Law Analysis
|Bombay High Court

Equitable Jurisdiction Under Section 9 Arbitration Act | Court Receiver Cannot Be Discharged Without Adjudicating Consent Award Disputes: Bombay HC

Bombay High Court rules that a Court Receiver appointed under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be discharged without first adjudicating substantive disputes arising from a Consent Award, even after 23 years of custody. The decision underscores that equitable considerations override procedural delays in property disputes under arbitration.

Court Receiver Cannot Be Discharged Until Underlying Arbitration Dispute Is Resolved | Section 9 Arbitration Act : Bombay HC
Case Law Analysis
|Bombay High Court

Court Receiver Cannot Be Discharged Until Underlying Arbitration Dispute Is Resolved | Section 9 Arbitration Act : Bombay HC

The Bombay High Court has ruled that a Court Receiver appointed under Section 9 of the Arbitration Act remains in equitable custody until the substantive dispute between the parties is finally settled, regardless of a subsequent consent award. This ensures asset preservation aligns with the arbitration’s ultimate outcome, affecting parties relying on interim receiverships in complex partnership or property disputes.