https://www.taxtmi.com/caselaws?id=308246 Interim protection under Section 17 of the Arbitration and Conciliation Act, 1996 may extend to restraining transfer or dissipation of assets where the claimant shows a prima facie enforceable claim, admitted liability, repeated promises to pay, dishonoured cheques, and a real apprehension that assets may be moved to defeat recovery. The principles of attachment before judgment under Order XXXVIII Rule 5 CPC can be applied in arbitration for such protection. An unsecured creditor is not, by itself, barred from interim relief, and the restraint does not convert the claimant into a secured creditor or prejudice secured lenders. The restraint order was upheld and no interference was warranted under Section 37. en-us Thu, 08 Mar 2018 00:00:00 +0530 Fri, 09 Jun 2023 21:06:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308246 Interim protection under Section 17 of the Arbitration and Conciliation Act, 1996 may extend to restraining transfer or dissipation of assets where the claimant shows a prima facie enforceable claim, admitted liability, repeated promises to pay, dishonoured cheques, and a real apprehension that assets may be moved to defeat recovery. The principles of attachment before judgment under Order XXXVIII Rule 5 CPC can be applied in arbitration for such protection. An unsecured creditor is not, by itself, barred from interim relief, and the restraint does not convert the claimant into a secured creditor or prejudice secured lenders. The restraint order was upheld and no interference was warranted under Section 37. Case-Laws Indian Laws Thu, 08 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308246