My case is a writ in AP High court reg invocation of already discharged Bank Guarantees. The oral arguments concluded on 23-4-14.After summer vacation, Judgement came on 05-06-2014 dismissing the writ petition as 1.the case was already referred to the Arbitrator as per contract and 2.petitioner did not established any special equities for the interference of this Court on the question of causing irretrievable injury/justice,if the Bank Guarantee is invoked.
So now as per the Clause 9 of THE ARBITRATION AND CONCILIATION ACT, 1996 for securing/preserving my Bank Guarantees can i (file a case) apply to any court.
Please clarify.....Thank you.
clause 9 of THE ARBITRATION AND CONCILIATION ACT, 1996 (for reference)
Interim measures, etc. by Court.—A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court—
(i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or
(ii) for an interim measure of protection in respect of any of the following matters, namely:—
(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;
(b) securing the amount in dispute in the arbitration;
(c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
(d) interim injunction or the appointment of a receiver;
(e) such other interim measure of protection as may appear to the court to be just and convenient, and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.
