Court : Chennai
Decided on : Mar-18-2004
Reported in : 2004(2)ARBLR284(Madras); IV(2004)BC101; 123CompCas533(Mad); 2004(3)CTC754; 54SCL100(Mad)
..... making orders as it has for the purpose of, and in relation to, any proceedings before it.'section 41(b) of the arbitration act, 1940 corresponds with section 9 of the arbitration and conciliation act, 1996. under the act of 1940, the court could grant the interim order while there was some proceeding or during the ..... satisfy itself that the various predicates as set out in order 38 of the code of civil procedure have been satisfied. the correspondent power in the court under section 9 would be of securing the amount in dispute in the arbitration. the power of the court to secure the amount in ..... his favour at the trial. it is equally to be noted that the need for such protection has, however, to be weighed against the corresponding need of the opposite party to be protected against injury resulting from his having been protected from exercising his own legal rights for which he could ..... his success in the arbitration proceedings he will not have the proper remedy, in being awarded adequate damages; (iii) that in taking into consideration the comparative mischief of inconvenience to the parties, the balance of convenience is in his favour or in other words; iv) that his inconvenience in the event of ..... to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the interim order is refused and compare it with that which is likely to be caused to the other side if the injunction is granted. if one weighing competing possibilities or probabilities .....Tag this Judgment!