Petition under Section 9 for Interim Measures by the Court (India) by OLL
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PETITION UNDER SECTION 9 FOR INTERIM MEASURE BY COURT
In the Court of District Judge,
…………………..
Misc Case No…….. of 20………………...
Mr……………………………. ........................... Petitioner/Applicant;
Vs.
Mr……………………………………...................... Respondent/Opposite Party.
Petition under Section 9 of the Arbitration and Conciliation Act,
The petitioner/applicant above named begs to state as under:—
1. That the petitioner/applicant entered into a Contract Agreement on: for supply/construction, etc. of.
2. That the said Contract Agreement contains an arbitration clause which is being reproduced here in under:—
3. That [all relevant facts to show why interference of the court is needed to protect the subject-matter of the dispute or for securing the amount in dispute in the arbitration.
PRAYER
Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to direct the respondents to furnish security in the form of ........................... of like amount of the claims of the claimant/applicant or order such other suitable interim measure, etc. for the preservation, interim custody, etc. of the subject-matter of the dispute in arbitration pending/proposed to be settled by arbitration, etc. and which shall be in the interest of justice.
……………….
DATED:
Applicant
VERIFICATION
I, …..……….., the petitioner/applicant above named do hereby verify that the contents of paragraphs .... to. ……….... are true to my personal knowledge, while those of paragraphs. .... to ...... are based on legal advise and records.
…………………...
DATED:
Applicant
This template is used to file a petition before an Indian District Court seeking interim measures of protection under Section 9 of the Arbitration and Conciliation Act. It is designed to secure the subject matter of a dispute or the claim amount while arbitration proceedings are pending or about to commence.
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About this template
What is this template?
This is a formal court filing for use in Indian District Courts to obtain emergency relief related to arbitration. It is not an arbitration notice or a statement of claim, but specifically a petition for judicial intervention to protect the subject matter of a dispute.
When should you use it?
Use this when a counterparty is likely to dissipate assets or damage property before an arbitrator can rule, instead of waiting for a Section 17 application before the tribunal itself.
Who it's for
- a party to a contract in India seeking to secure a claim amount during arbitration
- an applicant requiring the preservation or interim custody of property disputed in arbitration
- a claimant needing the court to direct a respondent to furnish security pending an award
How long it runs and how it's signed
Law it's drafted under
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