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kranthi (retainer advocate)     13 October 2011

Sec.9 of arbitration act

Dear Sir,

Is the court can order attachment of immovable porperty of the defaulter in paying the loan installment under loan cum hypothication agreement under section 9 of Arbitration And Conciliation Act 1996. kindly quote recent judgements if any.



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 2 Replies

Sanjeev Kuchhal (Publishers)     13 October 2011

Court, under Section 9 of Arbitration and Conciliation Act, has ample power to pass such order of directing the Respondent to deposit the amount with interest and or to secure the same and also power to issue warrant of attachment contemplated under Order XXXVIII of the CPC read with power to injunction as prayed.

(See Aditya Birla Retail Limited Vs. Ashapura Developers 2009 (12) LJSOFT 174)

kranthi (retainer advocate)     14 October 2011

Thank u Sanjeev Garu
 


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