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    <title>2016 (2) TMI 644 - DELHI HIGH COURT</title>
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    <description>Section 9 interim relief may be used to preserve assets and secure an arbitral award where there is prima facie evidence of fund diversion, dilution of shareholding, or likely dissipation of property. On the pleaded facts, restraint over the Gupta and Jain groups&#039; properties, shareholdings, and the Noida interest was treated as a legitimate protective measure. By contrast, tracing-based restraint against Southend Infrastructure Pvt. Ltd. was declined because the pleadings did not show a specific flow of BMS funds into Southend or a sufficient factual basis to treat its assets as liable. The request for additional security by bank guarantee or other enhanced protection was also rejected.</description>
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      <title>2016 (2) TMI 644 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=271939</link>
      <description>Section 9 interim relief may be used to preserve assets and secure an arbitral award where there is prima facie evidence of fund diversion, dilution of shareholding, or likely dissipation of property. On the pleaded facts, restraint over the Gupta and Jain groups&#039; properties, shareholdings, and the Noida interest was treated as a legitimate protective measure. By contrast, tracing-based restraint against Southend Infrastructure Pvt. Ltd. was declined because the pleadings did not show a specific flow of BMS funds into Southend or a sufficient factual basis to treat its assets as liable. The request for additional security by bank guarantee or other enhanced protection was also rejected.</description>
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