Report No. 176

2.18.2 We propose to insert Sec. 24B as follows:

Powers of the Court for enforcement of the peremptory orders of the arbitral tribunal:

"24 B (1) Without prejudice to the powers of the Court under Section 9, the Court may, on an application made by a party, make an order requiring the party to whom the order of the arbitral tribunal was directed, to comply with the peremptory orders of the arbitral tribunal passed under sub-section (1) of Section 24 A.

(2) An application under sub-section (1) may be made by-

(a) the arbitral tribunal, after giving notice to the parties, or

(b) a party to the arbitral proceedings with the permission of the arbitral tribunal, after giving notice to other parties.

(3) No order shall be passed under sub-section (1) by the Court, unless it is satisfied that the person to whom the order of the arbitral tribunal was directed, has failed to comply with it within the time fixed in the order of the arbitral tribunal or, if no time was fixed, within reasonable time.

(4) Any order passed by the Court under sub-section (1), shall be subject to such orders, if any, as may be passed by the Court on appeal, under clause (b) of sub-section (2) of Section 37."