A.No.5437 of 2010 VINOD K.SHARMA.J., This application under Section 9 of the Arbitration and Conciliation Act has been moved to secure the amount in arbitration. 2. The prayer made in the application is that the property mentioned in the schedule to the Judge's summon, belonging to the respondent be ordered to be attached pending arbitration.
3. In support of prayer, the averments made in the affidavit read as under:
“11. I state that Applicant’s claim needs to be secured, till the recovery of its dues amounting to a sum of Rs.42,06,222.49 paise as on 31.12.2007 from the respondents through arbitration. The second respondent is the owner of the schedule property which is more particularly set out in the schedule to the Judge’s Summons. It is reliably learnt tht the second respondent is taking steps to alienate the Schedule property with a view to defeat the claim of the applicant and to delay the execution poceedings. The applicant’s claim therefore deserves to be secured by directing the respondents to furnish security for the claim amount failing which by attaching the schedule mentioned property of the second respondent.”
4. The reading of Paragraph No.11 does not make out any case for attachment of property. It is well settled law, that order of attachment before judgment can be passed, when applicant is able to prove that postive steps being taken by the respondent for disposal of the property in order to defeat the rights of the applicant.
5. The averments made above do not disclose, any steps taken by the respondent in disposing of the property.
6. The remedy with the applicant would be to move the Executing Court for necessary attachment etc, after award becomes enforceable.
7. Under Section 9, interim relief can only be granted in exceptional cases. It cannot be used as substitute for Executing Court, nor order of attachment before judgment can be passed mere on asking with making out a case of exceptional nature.
8. Consequently, finding no merit in the application, it is ordered to be dismissed.
07.04.2011
Index: Yes
Internet: Yesf
ar
VINOD K.SHARMA,J.,
ar
A.No.5437 of 2010
07.04.2011