- (1.) This Letters Patent Appeal is against the order of the learned Single Judge dated 20.1.2016 wherein directions were given while exercising powers under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) as amended, to order continuance of the interim orders dated 1.12.2015 and 8.12.2015 requiring a bank guarantees to be maintained for a period of three weeks from the date of constitution of an Arbitration Tribunal with liberty to the respondents to seek interim relief by invoking provisions of Section 17 of the amended Arbitration Act.
(2.) The debate has centered on the issue of maintainability of the L.P.A. against an order passed under Section 9 of the Act as the issues impinging the merits of the dispute would largely be contingent on its acceptance.
(3.) There would be an inter-play of some of the provisions of the Act which for the purpose of reference, are extracted here below :- "9. Interim measures, etc., by Court.- (1) A party may, before or during arbitral proceedings or at any time after the making of the atbitral award but before it is enforced in accordance with Section 36, apply to a Court.- (i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings ; or (ii) for an interim measure of protection in respect of any of the following matters namely :- xxx xxx xxx (d) interim injunction or the appointment of a receiver ; (e) such other interim measure of protection as may appear to the Court to be just and convenient, and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.";