Arbitral Tribunal Can’t Issue Orders To HC Receiver: Bombay HC [Read Judgment]

The Bombay High Court has held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation Act.Justice SJ Kathawalla pronounced the order on March 16 following a court receiver’s report seeking directions as to “whether the Registry should accept the matters wherein the. The Bombay High Court has held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation Act. Justice SJ Kathawalla pronounced the order on March 16 following a court receiver’s report seeking directions as to “whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of orders passed by it etc.” This query on part of the court receiver arose after an arbitral tribunal appointed the court receiver as receiver of certain goods in a dispute between M/s Shakti International Pvt. I am of the view that an arbitral tribunal cannot appoint the Court Receiver, High Court, Bombay, to act as a Receiver, under Section 17 of the Amended Act.” Interpreting Section 17 of the amended Arbitration and Conciliation Act, 1996, the court held that the said provision, “does not mean that the arbitral tribunal is itself a Court, or in this case, the High Court, Bombay”.