mahesh (Advocate) 21 November 2008

Arbitration and Conciliation Act Section 9

dear friends

i have filed an application before the district judge under section 9 of the Arbitration and conciliation act for interim measure based on the arbitration clause existing in the Agreement Of Sale.

after the service of summons the respondent has filed his objections to the main petition and the matter was posted for arguments. as per the orders i have filed the written arguments and the case was to be posted for orders, instead now the judge has been asking me to lead evidence.

is there any procedure or any judgments which says that evidence is not required under Section 9 of the Arbitration and conciliation act

please help

Thanking You

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3 Replies

mahesh (Advocate) 27 November 2008

almost 35 views and no reply.

am i not clear in my question please reply

yogesh (will tell you later) 27 November 2008

No,sir you are absolute right in your assertion.As per section9 of Arbitration act-1996 any party can apply to court for interim measure for various reasons

And in your case the party has filed the cross objections then Court have the the same power for making orders as it has for the purpose of ,and in relation to any proceedings before it

Sushil Kumar Bhatia (Advocate) 28 November 2008

Dear,

A Court can ask to lead evidence in support of your application i.e. to produce the agreement and court comes to the conclusion as per the arbitration clause of the said agreement.