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    <title>2004 (1) TMI 705 - BOMBAY HIGH COURT</title>
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    <description>Section 9(ii)(b) of the Arbitration and Conciliation Act, 1996 is an independent interim relief power and the strict conditions for attachment before judgment under Order 38 Rule 5 of the Code of Civil Procedure, 1908 are not a mandatory precondition. The court applied an equitable test focused on justice, fair play, the nature of the claim, and the risk of an ineffective award. On the facts, the material relied on was disputed, the accounts were part of the arbitral controversy, and there was no sufficient basis to show that the respondent was acting to defeat an award. Relief directing deposit of security was therefore refused.</description>
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    <pubDate>Mon, 12 Jan 2004 00:00:00 +0530</pubDate>
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      <title>2004 (1) TMI 705 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=194799</link>
      <description>Section 9(ii)(b) of the Arbitration and Conciliation Act, 1996 is an independent interim relief power and the strict conditions for attachment before judgment under Order 38 Rule 5 of the Code of Civil Procedure, 1908 are not a mandatory precondition. The court applied an equitable test focused on justice, fair play, the nature of the claim, and the risk of an ineffective award. On the facts, the material relied on was disputed, the accounts were part of the arbitral controversy, and there was no sufficient basis to show that the respondent was acting to defeat an award. Relief directing deposit of security was therefore refused.</description>
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      <pubDate>Mon, 12 Jan 2004 00:00:00 +0530</pubDate>
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