May
11
2017


Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No. 29 of 2017 held no interim order can be passed by Court/Arbitrator under Section 9 and Section 17 of Arbitration and Conciliation Act 1996  where specific performance of a contract cannot be granted under Section 14(1)(a) and (b) of Specific Relief Act. Section 14(1)(a) deals with situation wherein compensation in terms of money is an adequate relief for non-performance of Contract while Section 14(1)(b) deals with a situation wherein contract runs into such minute or numerous details or otherwise from its nature is such that the Court cannot enforce specific performance of its material terms.








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