37 (1) (b)

Hon’ble High Court held that Section 9 of the Arbitration and Conciliation Act, 1996 enables a party to apply to a court before or during the arbitral proceedings or at any time after the making of the arbitral award but before it is enforced for an interim measure of protection in respect of certain matters, which includes securing the amount in dispute in the arbitration. We are of the opinion that the case of the respondent No.1 is covered under Section 9(1)(b) of the Act of 1996. Section 37 of the Act of 1996 starts with a non-obstante clause and provides that an appeal shall lie against certain orders to the Court authorised by law to hear appeals and that includes the granting or refusing to grant any measure under Section 9 of the Act of 1996. We have no hesitation in holding that the trial court has no jurisdiction to entertain the application under Section 9 of the Act of 1996 preferred on behalf of the respondent No.1 and has erred in passing the impugned order.