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kranthi (retainer advocate)     27 January 2012

Sec.9 of arbitration act

Is the court can appiont Advocate Commissiner for repossession of hypothicated vehicle under section 9 of Arbitration Act. quote recent judgemnets if any.

Thanking you 
 



 3 Replies

Advocate Bhartesh goyal (advocate)     28 January 2012

 No,court can not appoint  commmissioner for repossession of vehicle u/s 9 of Arbitation and conciliation Act.Court can grant interim injuction only u/s 9 of said Act.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 January 2012

But there has to be provision for dispute to be refered to arbitration.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 January 2012

Dear Kranthi The court can appoint a Receiver with Local Commissioner to take possession of the vehicle hypothicated by Bank Or Financial Institution. you can read section 9 (d) 9. 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 person of unsound mind for the purposes of arbitral proceedings; or (ii) for an interim measure of protection in respect of any of die 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 die 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 part 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. CHAP Composition of arbitral tribunal CHAPTER III Composition of arbitral tribunal Feel free to call

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