Application for Interim Relief under Section 17 (India)
This is a standard legal application used by a claimant to request interim relief from an arbitral tribunal in India. Its primary purpose is to seek security, such as a fixed deposit receipt, to protect the claimant's interests while the arbitration is ongoing and prevent the respondent from avoiding potential award payments.
APPLICATION FOR INTERIM RELIEF UNDER SECTION 17
Before the Hon'ble Sole Arbitrator/Arbitral Tribunal
In the Matter of Arbitration
Between
......................................................................................... Claimants;
Vs.
........................................................................................... OppositeParty.
Application for Interim Relief under Section 17 of the Arbitration & Conciliation Act, 1996
The applicants/claimants above named beg to state as under:—
1. That the aforesaid arbitration proceedings were commenced pursuant to order dated .................……..of the Hon'ble Chief Justice appointing the Learned Arbitrator as the sole arbitrator in the present case. Statement of claims was filed by the claimants before this Hon'ble Arbitral Tribunal on ----------------. The claim is for a sum of Rs ------------------- in exclusion to the pendent elite interest and future interest.
2. That ever since the respondents have put in appearance, a lame and hyper-technical defense has been raised; and has been vigorously adhered to that this Hon'ble Arbitral Tribunal lacks jurisdiction to adjudicate the claims.
3. That the applicant/claimant has reason to say so in as much as the respondents are passing through a very grave financial crisis and due publicity has been given in a section of the press that the liabilities of the respondents far exceeds their assets.
4. That if during the pendency of the present arbitral proceedings the respondents are able to succeed in their endeavour, the petitioner will be left in the lurch, in case of an award being granted in its favour for which it has a very sanguine hope.
5. That in the circumstances it is absolutely necessary that the respondents be directed to furnish security by providing a fixed deposit receipts against the amount of claims of the claimants and to deposit the same with this Arbitral Tribunal otherwise these proceedings might be rendered futile. Significantly till date there has been no denial by the respondents on merits of the claims of the claimants.
PRAYER
Wherefore it is respectfully prayed that this Hon'ble Arbitral Tribunal may be pleased to direct the respondents to furnish security in the form of fixed deposits of like amount of the claims of the claimant/applicant with this Hon'ble Arbitral Tribunal during the pendency of these arbitral proceedings and as per the mandate of Section 17 of the Arbitration & Conciliation Act, 1996 in the interest of justice.
…………………………………………………
Dated:
ADVOCATE
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About this template
What is this template?
This document is a formal legal application filed within an ongoing arbitration proceeding in India. It is not a court petition under Section 9, but specifically an application to the arbitral tribunal itself. It contains specific sections for establishing a prima facie case, balance of convenience, and irreparable injury.
When should you use it?
Use this document when an arbitral tribunal has already been constituted and you need urgent protective orders. If the tribunal is not yet constituted, use an Application for Interim Relief under Section 9 instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Para 1 | Jurisdiction of the Tribunal | Affirms the authority of the arbitral tribunal to grant interim measures under Section 17 of the Arbitration and Conciliation Act 1996. |
| Prayer Clause | Nature of Relief Sought | Specifies the particular protective orders requested, such as preservation of assets or interim injunctions, pending the final award. |
| Para 3 | Grounds for Urgency | Outlines the specific facts and circumstances that justify the immediate need for interim protection to prevent irreparable loss. |
| Para 4 | Prima Facie Case | Presents the legal and factual basis demonstrating that the applicant has a strong probability of success in the underlying dispute. |
Who it's for
- a party to an Indian arbitration seeking urgent protection of assets
- legal practitioners drafting an application for interim measures before an arbitral tribunal
- claimants in a domestic arbitration under the 1996 Act requiring an injunction
How long it runs and how it's signed
Law it's drafted under
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