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*** vs Kalinga Mining Corporation And Others on 10 March, 2014

19.The Learned Counsel for the Appellant/Applicant places heavy reliance on the decision of this Court in Ganesh Benzoplast Limited, Mumbai  2 and 2 others V. Sundaram Finance Limited, Chennai  2 and another, 2002 (2) CTC 238, wherein it is observed that Section 9 of the Arbitration and Conciliation Act, 1996 does not specifically require averment in any particular form as contemplated under Order XXXVIII, Rule 5 C.P.C. Further, it is held that the Provisions of Code of Civil Procedure applicable in respect of proceeding application for attachment if before judgment need not confirm to requirements of Order 38 Rule 5 are not strictly applicable to the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996, as there is no restriction imposed under Section 9 of the Arbitration and Conciliation Act for exercising jurisdiction by this Court.
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