https://www.taxtmi.com/caselaws?id=458865 Section 9 of the Arbitration and Conciliation Act permits protective interim relief to preserve secured assets and secure disputed interests before an arbitral claim is filed. The Calcutta HC held that an application seeking to restrain dealing with charged and hypothecated flats, car parking spaces and the undivided share of land was not an enforcement action in rem merely because the assets were subject to security. As no statement of claim had yet been filed, it was speculative to treat the request as a mortgage enforcement proceeding. Interim injunction was granted and a receiver appointed to take symbolic possession of the specified properties. en-us Fri, 01 Sep 2023 00:00:00 +0530 Tue, 19 Nov 2024 18:59:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458865 Section 9 of the Arbitration and Conciliation Act permits protective interim relief to preserve secured assets and secure disputed interests before an arbitral claim is filed. The Calcutta HC held that an application seeking to restrain dealing with charged and hypothecated flats, car parking spaces and the undivided share of land was not an enforcement action in rem merely because the assets were subject to security. As no statement of claim had yet been filed, it was speculative to treat the request as a mortgage enforcement proceeding. Interim injunction was granted and a receiver appointed to take symbolic possession of the specified properties. Case-Laws IBC Fri, 01 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458865