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2004 (10) TMI 615
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....1. Aggrieved by the order passed by learned Single Judge this appeal has been preferred by the appellant. The appellant is an architect engaged by the respondents society. Pursuant to some dispute between the parties, which is subject matter of arbitration, an application under Section 9 of the Arbitration and Conciliation Act was filed for interim orders for attachment. Earlier an interim order a....
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....f Bombay High Court and this Court. We have carefully analysed the judgment of the learned Single Judge which is impugned before us. What has been stated in the judgment is that in the given circumstances, the relief of attachment cannot be granted. No doubt that the provisions like Order 38 Rule 5 Code of Civil Procedure are not contained in the Arbitration and Conciliation Act but its principles....
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....er Section 9(ii)(b) has to be whether such order deserves to be passed for justice to the cause. The learned Single Judge has relied upon the provisions of Order 38 Rule 5 Code of Civil Procedure to exercise his discretion for the purposes of exercising power under Section 9(ii)(b) as to whether that was a fit case for grant of an Order of attachment or not. Therefore, it can't be said that th....