Trial Court, which was registered as AA No. 131/2007 for interim measures. In the said petition the respondent sought for a direction ... arise, inasmuch as Section 9 by itself is a remedial interim measure and the learned Trial Judge was justified in attaching the money
requiring the Court below to direct for interim measures for protection of their interests by way of sale of the "shell plates ... District Judge can entertain an independent application for taking interim measures in terms of Section 9 of the 1996 Act?
7. Earlier to enforcement
full information or evidence;
(d) interim injunction or the appointment of a receiver;
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(e) such other interim measure of protection as may
appear ... dispute in arbitration; (d) an interim injunction or
the appointment of a receiver; and (e) such other
interim measure of protection as may appear
injury if the interim Order is not granted.
13. Section 9 of the Act reads as follows.--
"9. Interim measures etc., by Court ... obtaining full information or evidence;
(d) interim injunction or the appointment of a receiver;
(e) such other interim measure of protection as may appear
application under Section 9 of the Act of 1996,
seeking interim measures against the vendors.
(In this proceeding only the present
5
respondent and owners ... specific performance. Thus, no case is
made out to grant interim measures.
6. Learned Senior counsel Sri C.K. Nandakumar,
appearing for the respondent raised
pass the 'ex-parte interim order', said view and
consequent order declining 'ex-parte interim measure' is in the
nature ... filed. This Court vide
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interim order dated 22.02.2024 granted interim protection to the
appellant. Since then the interim protection has been extended
amount in dispute in arbitration.
(5) Interim injunction or appointment of Receiver and such other interim measure of protection as may appear to the Court ... interim award and in matters with respect to which it may make a final Arbitral Award.
12. To make any interim measures, there must
which states
that such other interim measure of protection as
may appear to the arbitral tribunal to be just and
convenient. This apart, impleading ... person in the
main arbitration proceeding is an interim measure.
Even an independent interpretation with reference
to the impugned order passed by the Arbitrator
arbitral proceedings, a Court
passes an order for any interim measure of protection under
sub-Section (1), the arbitral proceedings shall be commenced
within ... interim order' referred to in Rule 9(4)
extracted above, in the context, shall include any order granting
any interim measure. The learned counsel
provides the
amendment as follows:--
"9. Interim measures, etc. by Court.-- (1) A party
may, before or during arbitral proceedings or at any time ... obtaining full information or evidence;
(d) interim injunction or the appointment of a receiver;
(e) such other interim measure of protection as may
appear