https://www.taxtmi.com/caselaws?id=196266 In section 9 arbitration proceedings, insufficient stamping of the underlying agreements did not prevent the court from considering them for interim relief where the defect could be addressed under the stamp law. Applying principles analogous to Order XXXVIII Rule 5 CPC, the court found the claimant needed protection because of outstanding liabilities, failed escrow cover, dishonoured cheques, and heavily encumbered assets. The pledged securities were inadequate, and the proposed corporate debt restructuring risked further dilution of the claimant's security. Interim protective measures were therefore granted, including a bank guarantee and restraint on implementing the restructuring scheme, to secure the arbitral claim and preserve the efficacy of arbitration. en-us Tue, 29 Oct 2013 00:00:00 +0530 Thu, 23 Nov 2017 17:22:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196266 In section 9 arbitration proceedings, insufficient stamping of the underlying agreements did not prevent the court from considering them for interim relief where the defect could be addressed under the stamp law. Applying principles analogous to Order XXXVIII Rule 5 CPC, the court found the claimant needed protection because of outstanding liabilities, failed escrow cover, dishonoured cheques, and heavily encumbered assets. The pledged securities were inadequate, and the proposed corporate debt restructuring risked further dilution of the claimant's security. Interim protective measures were therefore granted, including a bank guarantee and restraint on implementing the restructuring scheme, to secure the arbitral claim and preserve the efficacy of arbitration. Case-Laws Indian Laws Tue, 29 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196266