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Sample Draft of An Application Under Section 9

This document is a civil application filed in the High Court seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, due to a dispute arising from an arbitration agreement between the Applicant and Respondent. The Applicant claims that immediate court intervention is necessary to prevent irreparable harm, as the Respondent is allegedly engaging in actions that jeopardize the Applicant's rights. The application requests the court to issue an interim order to restrain the Respondent's actions, appoint a receiver, and provide any other necessary relief.

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154 views4 pages

Sample Draft of An Application Under Section 9

This document is a civil application filed in the High Court seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, due to a dispute arising from an arbitration agreement between the Applicant and Respondent. The Applicant claims that immediate court intervention is necessary to prevent irreparable harm, as the Respondent is allegedly engaging in actions that jeopardize the Applicant's rights. The application requests the court to issue an interim order to restrain the Respondent's actions, appoint a receiver, and provide any other necessary relief.

Uploaded by

Maddy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF [__]

Original Side

CIVIL APPLICATION NO. _______ OF 20__

In the matter of:

[Name of Applicant]
[Address Line 1]
[Address Line 2]
... Applicant

Versus

[Name of Respondent]
[Address Line 1]
[Address Line 2]
... Respondent

APPLICATION UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996

To,
The Hon’ble Mr./Ms. Justice __________
(For the Hon’ble High Court of Delhi)

The Humble Application of the Applicant above-named most respectfully shows:

1. Preliminary Statement

1.1. This application is being filed under Section 9 of the Arbitration and Conciliation Act, 1996
(hereinafter “the Act”) seeking interim measures pending the constitution of an arbitral tribunal
pursuant to an arbitration agreement between the Applicant and the Respondent dated [insert
date].

1.2. The dispute between the parties arises out of [brief description of the underlying
contract/dispute] and has reached a stage where immediate intervention by this Hon’ble Court
is necessary to prevent irreparable harm and injustice.

2. Facts of the Case


2.1. That on [insert date], the Applicant and the Respondent entered into an agreement
containing an arbitration clause, which provides that any dispute arising between them shall be
referred to arbitration.

2.2. That a dispute has arisen between the parties in respect of [brief details of the dispute, e.g.,
non-payment of dues, breach of contract, etc.].

2.3. That the Respondent has, or is about to, [specific act, e.g., transfer/sell/encumber assets,
tamper with records, etc.] thereby endangering the Applicant’s rights and jeopardizing the
efficacy of the forthcoming arbitral proceedings.

2.4. That the Applicant has a prima facie case and that in the absence of interim relief, there is a
real risk of irreparable loss or prejudice.

3. Jurisdiction

3.1. That the Hon’ble High Court of Delhi has jurisdiction to entertain and decide this
application, as the cause of action arose within its jurisdiction.

3.2. That this application is made under Section 9 of the Arbitration and Conciliation Act, 1996
which empowers the Court to grant interim measures in aid of arbitration.

4. Grounds for Interim Relief

4.1. Prima Facie Case: The Applicant submits that a prima facie case exists in favour of granting
the interim relief sought herein.

4.2. Irreparable Injury: In the absence of this Hon’ble Court’s intervention, the Applicant stands
to suffer irreparable harm, including but not limited to, the dissipation of assets/alteration of
evidence which would render the arbitration process ineffective.

4.3. Balance of Convenience: The balance of convenience and equities favours the grant of the
interim measures, thereby preserving the status quo pending the appointment of the arbitral
tribunal.

4.4. Necessity for Urgency: The actions of the Respondent, if permitted to continue, will
irreversibly prejudice the Applicant’s rights and interests in the pending dispute.

5. Relief Sought

In view of the facts and circumstances stated above, it is most respectfully prayed that this
Hon’ble Court may be pleased to:

(a) Issue an interim order under Section 9(1) of the Arbitration and Conciliation Act, 1996
restraining the Respondent from [specify the act, e.g., transferring/selling/encumbering assets,
tampering with documents, etc.], pending the constitution of the arbitral tribunal;
(b) Appoint a receiver or any other appropriate officer to secure and preserve the disputed
assets/information;

(c) Direct any other interim relief as deemed necessary by this Hon’ble Court in the interests
of justice and to prevent irreparable injury to the Applicant;

(d) Pass such further or incidental orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case.

6. Undertaking and Security

6.1. The Applicant is prepared to furnish any undertaking as may be required by this Hon’ble
Court.

6.2. The Applicant is also ready to provide an appropriate security deposit or comply with any
other conditions imposed by this Hon’ble Court while granting the interim measures.

7. Affidavit in Support

The Applicant relies on the accompanying affidavit (Annexure “A”) which sets forth in detail the
facts and circumstances leading to the present application and further confirms that the
contents herein are true and correct to the best of his/her knowledge and belief.

8. Conclusion

For the reasons stated herein, it is prayed that this Hon’ble Court may be pleased to grant the
relief(s) as prayed for above and pass such other orders as it may deem fit in the interest of
justice.

Place: New Delhi


Date: [DD/MM/YYYY]

For the Applicant


(Signature)

[Name of the Applicant/Authorized Signatory]


[Designation, if applicable]
[Contact Details]

Verification
I, [Name of Applicant], the above-named Applicant, do hereby verify that the contents of the
above application, including the annexed affidavit, are true and correct to the best of my
knowledge and belief, and nothing material has been concealed therefrom.

Verified at New Delhi on this [Day] of [Month], 20__.

(Signature)

[Name of Applicant]

End of Draft

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