Application for Interim Relief under Section 17 (India) by OLL
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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
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.
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About this template
What is this template?
This is a formal legal application filed within an ongoing arbitration to obtain interim measures of protection. It is not a court petition, but rather a filing directed specifically to the Arbitral Tribunal. It contains specific language regarding the respondent's financial instability and a formal 'Prayer' for the deposit of fixed receipts as security.
When should you use it?
Use this when an arbitration has already commenced and you have evidence that the respondent may not be able to satisfy a future award. If the arbitration has not yet started or the tribunal is not yet constituted, use an Application for Interim Measures under Section 9 to a court instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Arbitration Context | Identifies the arbitrator appointed by the Chief Justice and specifies the claim amount in Indian Rupees. |
| 3 | Basis for Relief | Alleges the respondent is experiencing a grave financial crisis where liabilities exceed assets based on press reports. |
| 5 | Requirement for Security | Requests the respondent furnish security via fixed deposit receipts for the full claim amount to prevent the proceedings from being futile. |
| PRAYER | Prayer for Relief | Formally asks the Arbitral Tribunal to mandate security deposits under Section 17 of the Arbitration & Conciliation Act 1996. |
Who it's for
- a claimant in Indian arbitration proceedings seeking to secure a claim amount of Rs [Amount]
- a party needing to prevent a respondent with excessive liabilities from dissipating assets during arbitration
- an advocate filing an interlocutory application before a Sole Arbitrator or Arbitral Tribunal
How long it runs and how it's signed
Law it's drafted under
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