Petition under Section 9 for Interim Measures by the Court (India)
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.
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
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About this template
What is this template?
This is a court filing used in Indian civil courts to request temporary orders that protect a claimant's interests while an arbitration is pending. It contains formal legal averments regarding the existence of an arbitration clause and specific prayers for interim protection. It is not an application to the arbitral tribunal itself, but a petition to a judicial authority.
When should you use it?
Use this when a counterparty is likely to dissipate assets or breach a contract before the arbitration can resolve the issue. Use an Application under Section 17 instead if the arbitral tribunal has already been constituted and has the power to grant the required relief.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Paragraph 2 | Arbitration Agreement | Identifies the underlying contract and the specific clause that mandates arbitration between the Petitioner and Respondent. |
| Paragraph 4 | Subject Matter of Dispute | Details the specific claims and the total monetary value or property in dispute between the parties. |
| Paragraph 6 | Necessity for Interim Measures | Explains why the court must intervene immediately to prevent the Respondent from disposing of assets or altering the status quo. |
| Prayer Clause | Prayer for Relief | Lists the specific orders requested from the Court, such as an injunction, appointment of a receiver, or detention of property. |
Who it's for
- a party to an Indian commercial contract needing urgent asset protection before an arbitral tribunal is formed
- claimants seeking to restrain a respondent from creating third-party rights in disputed Indian property
- parties requiring the appointment of a receiver to manage assets pending the outcome of arbitration
How long it runs and how it's signed
Law it's drafted under
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