https://www.taxtmi.com/caselaws?id=458839 A section 9 petition under the Arbitration and Conciliation Act was held maintainable in the Mumbai HC because the arbitration clause fixed Mumbai as the venue, exclusive jurisdiction was conferred on Mumbai courts, and part of the cause of action arose there. The proceeding was treated as an application for interim protection, not a suit for land, so leave under clause 12 of the Letters Patent was not required. The Court also noted that section 9 allows wider preservative relief than section 17 and may secure an arbitral monetary claim even where the mortgaged property is not itself the subject of the arbitration. On the facts, receiver, injunction, and asset disclosure reliefs were granted. en-us Fri, 04 Sep 2015 00:00:00 +0530 Mon, 18 Nov 2024 19:07:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458839 A section 9 petition under the Arbitration and Conciliation Act was held maintainable in the Mumbai HC because the arbitration clause fixed Mumbai as the venue, exclusive jurisdiction was conferred on Mumbai courts, and part of the cause of action arose there. The proceeding was treated as an application for interim protection, not a suit for land, so leave under clause 12 of the Letters Patent was not required. The Court also noted that section 9 allows wider preservative relief than section 17 and may secure an arbitral monetary claim even where the mortgaged property is not itself the subject of the arbitration. On the facts, receiver, injunction, and asset disclosure reliefs were granted. Case-Laws Indian Laws Fri, 04 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458839