Question

Bar of non-registration of Firm under section $69$ of Partnership Act, does not affect maintainability of petition under __________.

• A. section $5$ of Arbitration and Conciliation Act
• B. section $9$ of Arbitration and Conciliation Act
• C. section $10$ of Arbitration and Conciliation Act
• D. section $16$ of Arbitration and Conciliation Act

Answer 1

Answer: (B)

section $9$ of Arbitration and Conciliation Act

Section 9 of the Arbitration and Conciliation Act, 1996 provides for the application or petition for an interim measures before the court. It says that a party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced apply to a court: -

• For the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or
  
• 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,