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This article has everything you need to know about section 9 of the Arbitration and Conciliation Act, 1996. In this article, you will learn what interim reliefs are, who can and how interim reliefs can be sought, which court to approach and most importantly, you will learn all the tips and tricks to draft a petition under section 9 to obtain interim reliefs. Whether you are starting off your journey as a junior or you are a practicing lawyer, then you will find this article helpful.   

Introduction 

Like me, do you also remember some matter that holds special value for you and has left a lasting impact on you? 

Some of you may be smiling and nodding your head, thinking about it.

Today, I am going to share with you my one such experience of a matter that gave me a deep insight into the most chosen mode of settlement of disputes, which is “Arbitration”. 

I used to hear about arbitration, whether it was when I used to tag along with my seniors in the court or it was like a general discussion in my office. Arbitration was like the talk of the town. However, I never got an opportunity to assist in arbitration matters like most juniors in the initial years of starting off. But I was very keen to learn, so whenever I got the time, I would read briefs and also research. Moreover, I would even ask my seniors questions.  

One day, I heard my seniors, along with some old clients, coming out of the conference room and discussing some interim relief to be obtained from the court. I was all ears when they mentioned arbitration. I knew I had to be a part of it. 

The curiosity within me did not let me wait, after the clients left, I saw an opportunity to speak to my senior and asked her if I could assist her in the matter. Since I was my senior’s favourite and she knew arbitration was something that really intrigued me, she agreed and gave me a quick brief of the matter. 

She told me that we needed to move a petition in the district court under section 9 of the Arbitration and Conciliation Act,1996 (hereinafter referred to as ‘the Act’), to obtain interim relief in favour of our client. 

That’s when the big question popped in, why did my senior advise me to move to the district court when there is an arbitration clause in the agreement?

 We could have simply got an arbitrator appointed and sought relief before the arbitrator. I wanted to understand the WHY, so I picked up the bare act and commentary to understand section 9 and that’s where I got my answer. 

Before I start teaching you how to draft a section 9 petition, I will discuss certain concepts that will help you understand better. 

What are interim reliefs?

I asked my senior, “What exactly are these interim reliefs?”

She answered me by saying that as the name suggests, during the pendency of the proceedings, when you ask for certain reliefs, which might be interim or ad-interim for a certain duration or it could be till the final disposal of the matter, such reliefs are referred to as interim reliefs.  

Let me put it for you in simple terms: interim reliefs are temporary reliefs that a party seeks from the court to safeguard its interest while the main proceedings are pending.

Was this easy to understand? 

Let me share with you the example that my senior gave me and that will make it further easy for you to understand. 

She asked me to presume that there is a pending dispute over a property and it is during the pendency of the arbitration proceedings that the other side started creating third party rights by selling and disposing of the property. 

She said that until the arbitrator finally passes an award, the subject matter of the dispute would be disposed of. This is when you need to obtain interim relief by approaching the court to protect the subject matter of the dispute till the award is finally passed by the arbitrator.

Can we seek interim reliefs at any stage of the proceedings?

I still had a question so could these reliefs be sought at any stage of the proceedings?

That’s when she said that, unlike others, arbitration is a little different. You can seek interim relief from the court even before the arbitration proceedings have commenced. 

Interesting, isn’t it? 

That’s what makes arbitration different, as you don’t have to wait to protect your rights and interests till the arbitrator is appointed. Instead, you can approach the court to get interim relief. 

Did you get it?  Like me, is your excitement also building up? Let’s read further. 

What kind of interim reliefs can be sought?

So, the next question I asked was, what kind of relief can be sought?

Here are some of the reliefs: securing the amount in dispute, preserving property, restraining the other party from acting against the agreement, and appointing a receiver. 

So, it’s basically anything that is necessary to protect the rights of the parties from being misused by the other with respect to the subject matter of the dispute.

After my senior patiently explained it to me, it felt like interim reliefs are like the unsung heroes of the arbitration proceedings. 

Now that we know what interim reliefs are. Let’s move on to understand section 9 of the Act, which is the legal provision that governs interim reliefs.

What is section 9 of the Arbitration and Conciliation Act, 1996? 

The main objective of interim relief petitions under section 9 is urgent disposal and ensuring that the arbitration proceedings do not become infructuous.

The reliefs under section 9 can be granted before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced.

We have already seen that you can obtain interim reliefs prior to the arbitration proceedings but you might want to know why someone would seek reliefs under section 9 during the arbitral proceedings or after passing of the award.

A petition under section 9 in the Court is maintainable during arbitral proceedings only when one cannot avail of an efficacious remedy under section 17 in the arbitral tribunal. 

For instance, if the tribunal is not functional because of the recusal of one of the co-arbitrators, then the efficacious remedy under section 17 was not available and it was necessary to entertain the petition under section 9.

Moving on, consider that an award has been passed by an arbitral tribunal; technically, the arbitral tribunal is not functional anymore, so in case after the passing of the award and before the enforcement, if there is some urgency, where do you go?

In such cases, one may approach the Court under the provisions of section 9.

I hope both situations are clear now. Let’s move further.

Section 9(1) of Arbitration and Conciliation Act, 1996

Section 9(1) provides a complete list of situations and conditions when a person may approach the Court for interim measures, and it confers the Court with a number of powers to provide interim measures of protection according to its own discretion. 

Section 9 is further divided into two broad categories under Section 9(1)(i) and Section 9(1)(ii).

i. Section 9(1)(i)

According to section 9(1)(i) of the Act, an individual may file an application to appoint a guardian for a minor or for a person of unsound mind for arbitral proceedings.

ii. Section 9(1)(ii)

Section 9(1)(ii) provides a broad category of power to the Court to grant interim measures of protection for the following:

• Under section 9(1)(ii)(a), the Court may provide interim relief for preservation, interim custody or sale of goods, being the subject matter of the arbitration agreement under Section 7.
• Under section 9(1)(ii)(b), the Court may grant an interim relief to secure the amount in dispute.
• In any property-related disputes, subject to arbitration proceedings, under section 9(1)(ii)(c), the Court may grant interim relief through the authorization of any person entering the land or the building in possession to either of the party or to take samples, for making any observations or any experiments whichever is necessary to obtain full information or total evidence.
• The Court may also grant the relief of interim injunction under Section 9(1)(ii)(d) provided that the conditions of establishment of prima facie case, the balance of convenience in favour and irreparable damages are maintained.
  
  Under this clause, the Court may also appoint a receiver, a court officer appointed by the Court, to supervise disputed properties or things in question.
  
• Apart from these, Section 9(1)(ii)(e) provides the Court discretionary power to provide any interim protections other than the ones listed above if the court deems it fit, just and convenient. In this regard, the Court has the same power to give orders as any proceedings before it.

Section 9(2) of Arbitration and Conciliation Act, 1996

Under section 9(2) of the Act, if the Court passes an order for any interim measure of protection under sub-section (1) before the commencement of the arbitral proceedings, then the arbitral proceedings shall commence within a period of ninety days from the date of such order or within such further time as the Court may determine.

There is one thing that you must note here is the usage of the word ‘shall’ in this sub-section, which in its ordinary meaning indicates that the obligation to commence arbitration within a period of 90 (ninety) days from the date of passing of the interim order is a mandatory one.

However, section 9(2) of the Act does not spell out the consequences of non-invocation of arbitration within the 90 (ninety) day period from the date of passing of the interim order. There are different High Courts that have interpreted section 9(2) differently, whilst some High Courts have strictly interpreted this provision, a few other High Courts have reduced it to a mere procedural formality.

To adequately avoid unwanted consequences, it is advisable to invoke arbitration and begin the arbitration process as soon as possible after obtaining the interim order.

Section 9(3) of Arbitration and Conciliation Act, 1996

Under section 9(3) of the Act, there is a clear dictum against the Court entertaining an application under section 9 once the Tribunal has been constituted unless there are some exceptional circumstances, which we have seen above that justify recourse to the Court under section 9 even when an Arbitral Tribunal is in session.

Who can apply for interim relief and against whom? 

The next question I wondered aloud was who can apply for interim relief and against whom?

My senior acknowledged that it was a good question. 

She explained that the section has a limited scope and is only confined to the parties to the arbitration agreement. 

So, it is mandatory for anyone who is seeking relief under section 9 of the Act to be a party to the arbitration agreement; otherwise, the court will not provide any interim relief in terms of this section. 

But she added that a party can always seek relief against a third party under this section.

Shocked right? Even I was shocked when I heard this.

She explained with an example. 

For example, there is a person who is in possession of the subject matter of the dispute, and that person is not a party to the arbitration agreement. Then, it will be necessary to file a section 9 even against the third party in possession of the subject matter in order to protect the subject matter till the outcome of the arbitration. Merely filing a section 9 only against the party to the arbitration agreement will not be sufficient.

I was feeling more confident now with section 9.

Are you also feeling confident? Then, let us move to another question.

Which court to apply for filing a Section 9 petition? 

Earlier, my senior asked me to file the Section 9 petition before the district court and I was clueless as to why did she say so?

So I looked at the bare act and found the explanation for that in section 2(1)(e) of the Act, which defined the word “Court”.

According to Section 2(1)(e)(i), in the case of arbitration that is not an international commercial arbitration, the principal civil court of original jurisdiction in a district that includes the High Court has the jurisdiction to decide the questions forming the subject-matter of the arbitration.

As per Section 2(1)(e)(ii) of the Act, in the case of international commercial arbitration, the High Court has the jurisdiction to decide the questions forming the subject matter of the arbitration.

This means that if it is a regular arbitration and not an international arbitration, then the principal civil court of the district (which can even be the High Court) will have the power to entertain Section 9 petitions. 

For example, in Mumbai, the principal civil court is the High Court but in Thane, which is a separate district from Mumbai, then the district court at Thane has the jurisdiction to entertain Section 9 petitions.

However, if it is an international commercial arbitration, then it shall be the High Court only that will have the jurisdiction to decide Section 9 petitions.

At this point, I must share one very important point that my senior told me.

She told me that in most cases, the seat of the arbitration is mentioned in the agreement, which determines the Court that will have jurisdiction over the arbitration proceedings.

I asked her what is a seat and whether it is the same as the venue of arbitration?

She patiently explained to them that seat is the situs of arbitration, which determines the law that governs the arbitration and also the Court that would have jurisdiction over the arbitration proceedings. 

On the other hand, the venue is only the geographical place where arbitration proceedings are conducted. 

I immediately asked her if there was only one place mentioned that would be considered as a seat or venue for the arbitration.

She smiled at me and informed me that there are two things to keep in mind.

One is that for a place to be considered as a seat of arbitration, it has to be mentioned explicitly in the agreement. 

Second, if there is only a venue mentioned in the agreement and it is not categorically mentioned in the agreement that it is a seat or not, then in the absence of a contrary intention in the agreement, the venue can be considered as the “seat” of arbitration.

Once the seat is determined, the party to the agreement has to approach the court of that jurisdiction to file the section 9 petition.

Finally, I understood why my senior asked me to approach the district court in our case, and I hope you will not have any issues in determining the correct court to file a section 9 petition.

How to draft a Section 9 petition?

I was now clear about all the concepts that I needed to learn for drafting a Section 9 petition.

My senior was quite impressed with my progress, so she called me and asked me to draft the Section 9 petition for our client.

Although I was pretty happy that she trusted me with drafting the petition, I was a bit nervous also, since I had not drafted a Section 9 before.

 My senior sensed it and told me not to worry. I will guide you.

I was relieved and ready to begin.

Let’s see what the dispute was all about. 

So basically, a development agreement was entered into between “XYZ” and “ABC Pvt. Ltd.” for developing a plot of land on certain terms and conditions that were recorded in the development agreement. XYZ was the land owner and ABC Pvt. Ltd. was the developer.

The agreement consisted of an arbitration clause that if either of the parties had any dispute with regard to non-compliance of the terms of the agreement, then the aggrieved party can invoke the arbitration clause.

Everything went well until XYZ terminated the development agreement on the grounds of delay. ABC Pvt. Ltd has an apprehension that XYZ is likely to dispose of the land to a third party and earn profit at the cost of ABC Pvt. Ltd. So now ABC Pvt. Ltd has approached us to secure them an interim relief otherwise, they would suffer a huge loss. 

Based on what I learned, I knew our client had to approach the Thane Court against XYZ, and the urgent relief that our client could benefit from was an injunction order against XYZ from creating third-party rights in respect of the subject land. I also identified that the dispute has arisen on account of a development agreement between XYZ and ABC Pvt. Ltd. that has an arbitration clause.

I am incorporating headings only for reference and to understand the structure of the Section 9 petition. I am also adding the instructions of my senior in italics and red so that you can know how to draft it properly.

1. Cause title

The first step was to draft the cause title.

The cause title mentions the court who is going to entertain this petition along with the nature of the petition and the case number. Subsequently you write the matter and dispute in short on the right hand side which is followed by the names and descriptions of the parties.

IN THE COURT OF SENIOR CIVIL JUDGE AT THANE

MISCELLANEOUS PETITION NO. OF 2025.

ABC Pvt. Ltd.

A company incorporated under the

Provisions of the Companies Act, 1956,

Having its registered office at ________ ,

XYZ
Aged __ years, Occupation Business
Residing at ______________

THE PETITIONER RESPECTFULLY STATES AND SUBMITS AS UNDER:-

MOST RESPECTFULLY SHEWETH:

2. Introductory paragraph of the petition

The introductory paragraph must consist of the description of the parties and what is their role in the present dispute. The Court must understand who is filing the petition and against whom.

1. The Petitioner is a Company incorporated under the provisions of the Companies Act, 1956 having registered office at the address mentioned herein above and carries on business in the field of construction and Real Estate development in Mumbai.

2. The Respondent is an individual residing at the address mentioned in the cause title and carries on business in the field of real estate and related activities.

3. Purpose of the petition

After describing the parties, it is necessary to mention at the beginning about the nature of relief that is being sought from this Hon’ble Court. You want the court to know what is the nature of your reliefs.

3. The Present Petition is filed by the Petitioner under Section 9 of the Arbitration & Conciliation Act, 1996, in the peculiar facts and circumstances seeking relief, inter alia, to protect the subject matter of the arbitration proceedings, to restrain the Respondent from dealing with the rights of the Petitioner and exploiting the same and to maintain the status quo and reliefs incidental thereto.
   
   Unless the reliefs claimed are granted, irreparable harm and injury will be caused to the Petitioner.

4. Brief facts of the case

A good draft tells a compelling story. Therefore, it is necessary to narrate the facts of the case in a crisp manner to gauge the attention of the Court. All the important events that are relevant to the present dispute need to be mentioned.

This is to ensure that the Court understands that the petitioner has done everything by the book and it is the respondent who is at default. Also, all the important documents that support your case need to be annexed as Exhibits.

In the present case, you start with mentioning how the parties met each other and for what purpose and what was the discussion and terms and conditions between them.

4. The Petitioner states that, in or around the month of May – June 2023, the Respondent approached the Petitioner with a proposal to assign to the Petitioner Development Rights in respect of the land bearing Survey No. 456 admeasuring about 20 Gunthas situate at Thane (“Land”) (more particularly described in Exhibit A hereto) within the limits of Thane Municipal Corporation (“TMC”).
   
   The Respondent claimed that he was unable to develop the said Land himself due to his old age and other commitments and hence wanted the Petitioner to develop the said Land.
   
5. Accordingly, a Development Agreement was executed between the Petitioner and the Respondent on 25th June 2023 (“DA”) in respect of the said Land, inter alia, for the development thereof and construction of a residential building along with some shops. The DA was registered with the office of the Sub–Registrar at Thane on the same date as per the terms, conditions and considerations mentioned in the DA.
   
   As per the terms of the DA, the Respondent was to provide all help for the development and construction on the said Land. The said DA contains a provision for Arbitration at clause 22 thereof. A copy of the said DA is hereto annexed and marked as Exhibit A-1.

6. Simultaneous to the execution and registration of the said DA, the Respondent also executed an Irrevocable Power of Attorney on 25th June 2023 (“PoA”) in favour of the Petitioner in respect of the said Land. The said PoA was also registered with the office of the Sub–Registrar at Thane on the same date. A copy of the said PoA is hereto annexed and marked as Exhibit B.

7. The Petitioner was to pay to the Respondent a consideration of Rs.80,00,000/- (Rupees Eighty Lakh) as is mentioned in Clause 1 of the DA, which was duly paid as follows:

i. An amount of Rs.50,00,000/- (Rupees Fifty Lakh) by way of a cheque bearing no. ____ drawn on Bank of India on 27th June 2023.

ii. An amount of Rs.30,00,000/- (Rupees Thirty Lakh) by way of a cheque bearing no. _____ drawn on [______] Bank on 7th November 2023.

Once you have set out the terms and conditions, it is necessary to show compliance of those terms and conditions and also that the parties acted on it in order to show that it is binding upon them and cannot be terminated unilaterally without any reason. From the point of the petitioner, it is necessary to show you have taken all the steps promptly.

8. Accordingly, the Petitioner states that it paid an amount of Rs. 80,00,000/-(Rupees Eighty Lakh) to the Respondent towards full consideration in respect of the DA and the same was duly accepted by the Respondent without any demur and possession of the said Land was handed over to the Petitioner by the Respondent on 10th November 2023.
   
   The Petitioner had deployed their Security Guards at the said Land ever since. Copies of bank statements evincing the above are hereto annexed and marked as Exhibit C. 

9. Thereafter, the Petitioner, by their letter dated 31st November 2023 applied to the Thane Municipal Corporation (hereinafter ‘TMC’) for various permissions approval of plans in respect of the said Land. TMC, by their letter dated 10th December 2023, replied to the Petitioner’s letter of 31st November 2023 inter alia stating that their officers, on personally visiting the said Land, found that there was no access road to the said Land and that it was necessary for the Petitioner to provide documents in respect of the access road to the Land so as to proceed further on their letter of 31st November 2023.
   
   Copies of letters dated 31st November 2023 and 10th December 2023 are hereto annexed and marked Exhibits D and E. 

You have to substantiate the problems that the petitioner faced in compliance and also show the non-cooperation from the end of the respondent in order to create a base to challenge the decision of the respondent in issuing the termination notice.

10. Accordingly, the Petitioner met the Respondent and handed over copies of the aforesaid correspondence and sought his help as per clause 5 of the DA. The Respondent assured to look into this matter as he was a local and he knew the owners of the adjoining properties and agreed to negotiate with the adjoining land-owners for procuring access to the said Land.
    
    However, the Respondent has, till date, failed to negotiate with the adjoining land-owners to procure the access road for the said Land, as a result of which the Petitioner could not proceed with their application for approval of plans before the TMC.
    
    The Respondent, having received the entire consideration under the DA, repeatedly assured that they would negotiate with the landowners and procure access to the road so that the Applications made by the Petitioner could be processed by TMC. 

11. The Petitioner kept following up with the Respondent for the status of his negotiations with adjoining landowners for the access road. The Respondent was not able to give any satisfactory answers to the Petitioner on his negotiations and became non-responsive and non-cooperative. The Petitioner thereafter started approaching the adjoining landowners for the access road.
    
    The Petitioner had started to make some headway in the negotiations with an adjoining landowner and the same were at an advanced stage of discussions when the Petitioner was shocked to receive a letter dated 12th September 2024 from one Advocate for the Respondent, inter alia stating that:
    
    (i) the Petitioner had failed to take any steps for the development of the said Land since 2023;
    (ii) Petitioner had never approached Planning Authority for obtaining permission in respect of the said Land for development of said Land;
    (iii) Prima-facie it appeared that Petitioner was not interested in developing the said Land and that due to non-development thereof, the Respondent had suffered loss since more than one year without any fault of his.
    
    Accordingly, the Respondent illegally and unilaterally purported to terminate the DA and the PoA by way of said letter dated 12th September 2024 and stated that he was free to deal with and/ or develop the said land as per his will and desire. A copy of the said letter dated 12th September 2024 is hereto annexed and marked as Exhibit F. 

 After issuing the termination notice, you need to show the steps taken by both parties to demonstrate the intention of the parties behind their action. For e.g. petitioner replied promptly refuting the termination notice and the respondent took law in their hands.

12. The Petitioner, by way of their Advocate’s reply dated 4th October 2024, promptly replied to the Respondent’s letter of 12th September 2024 and refuted all the allegations and claims of the Respondent and called upon him to withdraw and refrain from acting upon the said letter. A copy of the said letter dated 4th October 2024 is hereto annexed and marked as Exhibit G.

13. Thereafter, on 15th November 2024, the Petitioner was shocked to learn from their security guards at the said Land that the Respondent took law in his hands and illegally trespassed on the said Land at around 3.30 pm and threatened the security guards with dire consequences if they did not immediately vacate the said Land.
    
    When the security guards refused to vacate the said Land, the Respondent used force to wrongfully restrain the security guards and further called their accomplices for creating obstruction on the said Land.
    
    Thereafter, the Respondent got their own JCB Excavator machine and demolished the temporary shelter constructed for the security guards on the said Land. When the security guards told the Respondent that they would lodge a Police Complaint against the Respondent, the Respondent snatched the mobile phones of the security guards and threatened them with their lives if they tried to file any Police Complaint.
    
    The security guards, fearing for their lives, fled from the said Land and called the Petitioner to inform them of the above.

Finally, as a petitioner, you have to mention your apprehension that can affect you to lay down the foundation to claim reliefs under section 9 and end the facts by summarising the points mentioned above.

14. It is now seriously apprehended that the Respondent, despite having received the entire consideration under the DA, is now acting at the behest of another Developer and may attempt to deal with, alienate or dispose of the said Land or create third party rights with regards to the said Land, which would severely and irreparably prejudice the rights of the Petitioner.  

15.  As stated above, the Petitioner has paid the entire consideration under the DA and has also proactively tried to commence development activities on the said Land. However, due to non-cooperation and omission on the part of the Respondent, the Petitioner has not yet been able to commence the development. Thus, delay in developing the said Land, if any, is solely attributable to the Respondent alone.

5. Grounds for the prayers

This is a very important part where you mention the reliefs along with the reasons for claiming those reliefs. This is imperative  because you need to satisfy the Court about the reasons to enable the Court to exercise their discretion and grant you the reliefs as a petitioner. 

16. The termination of the DA and the PoA is illegal, invalid and void for the reasons mentioned above. The DA and PoA is a valid, subsisting and binding Agreement between the parties and the Petitioner is and has always been ready and willing to perform the terms of the DA.
    
    Therefore, it is imperative that this Hon’ble Court be pleased to, pending the final hearing and disposal of the Arbitration Proceedings which the Petitioner proposes to initiate in accordance with Clause 22 of the DA, stay the effect and operation of the Termination Notice dated 12th September 2024 and stay the termination of the DA and the PoA.

17. Further, the Petitioner has been put into possession in furtherance of the DA. However, the Respondent, as described above, is purporting to obstruct and disturb the Petitioner’s possession of the said Land.
    
    Therefore, it is just, equitable and necessary that this Hon’ble Court restrains the Respondent, pending the final hearing and disposal of the Arbitration Proceedings, from in any manner obstructing or disturbing the possession of the Petitioner over the said Land.

18. Further, it is submitted that given the influence of the Respondent in the said area and the past conduct of the Respondent, it is just, equitable and necessary that, pending the final hearing and disposal of the Arbitration Proceedings, the Court Receiver is appointed by this Hon’ble Court as the Court Receiver of the said Property and put/allow Petitioner to remain in possession of the said Property in furtherance of the DA.

You can similarly mention the reasons for other reliefs based on the same logic.

6. Jurisdiction of the Court

The Court must have jurisdiction to entertain and decide the petition. For that you need to satisfy the Court that material facts have taken place within the jurisdiction of the Court.

19. The Petitioner has its registered office in Mumbai and carries on business in Thane and Mumbai. The Land is situated in Thane, i. e., within the jurisdiction of this Hon’ble Court. The Respondent is also a resident of Thane. The DA was executed and registered in Thane. Therefore, this Hon’ble Court has jurisdiction to try, entertain and dispose of the present Petition.

It is necessary to show that you are interested to go in for arbitration and this is a temporary relief that is necessary to protect the property and rights therein till the disposal of arbitration proceedings and if the reliefs are not granted there will be serious consequences.

20. The Petitioner shall initiate steps to invoke Arbitration and have the Tribunal constituted in accordance with the Arbitration Clause immediately.
    
    However, pending the same, it is necessary to seek the reliefs sought herein to protect the rights and property which would form the subject matter of the proposed Arbitration Proceedings. If the reliefs sought herein are not granted, grave and irreparable harm and prejudice would be caused to the Petitioner.
    
    The Petitioner has more than made out a prima facie case for the grant of the reliefs sought herein and the balance of convenience is on the side of the Petitioner.

7. General averments

These are general averments to avoid multiplicity of proceedings and that the claim is not barred by limitation. Furthermore, the petitioner has not suppressed facts and if they will amend the petition they will do so with the permission of the Court and the requisite court fees have been paid.

Since, the petitioner is a company, the name of the director who is declaring the petition needs to be mentioned. Lastly, the petitioner will rely on list of documents that is annexed herewith.

22. The Petitioner has not filed any other suit / Petition or proceedings for the reliefs prayed hereunder in any Court of India.

23. This Petition and remedy therein is not barred by Law of Limitation.

24. The Petitioner seeks liberty of this Hon’ble Court to add, amend and alter the Petition if any need so arises and, in any case, the same shall not be treated as suppression of material facts from this Hon’ble Court.

25. The Petitioner has paid a fixed court fees of Rs.150/- on the present Arbitration Petition as per law. 

In Thane, the court fee for the present petition is 150/- , it can vary based on your jurisdiction, so please check it once before filing the petition.

26. Mr.Y, Director of the Petitioner above named, who is conversant with the facts of the case and able to depose to the same, has declared the Petition.

27. The Petitioner will rely upon the documents, a list whereof is annexed hereto.

8. Prayer clause

The petitioner must set out all possible reliefs that are necessary at the present stage to protect the subject matter and their interest to prevent the award from being non-executable. Therefore, accordingly, the petitioner has sought for these reliefs.

28. The Petitioner, therefore, prays that:
    
    a. Pending the final hearing and disposal of the Arbitration Proceedings, this Hon’ble Court be pleased to stay the effect and operation of the Termination Notice dated 12th September 2024;
    
    b. Pending the final hearing and disposal of the Arbitration Proceedings, this Hon’ble Court be pleased to restrain the Respondent, his agents, servants, or any other person/entity claiming through or under him from acting in furtherance of the Termination Notice dated 12th September 2024;
    
    c. Pending the hearing and final disposal of the Arbitration Proceedings, the Respondent, his servants, agents, assigns and any other person claiming through the Respondent be restrained from alienating, selling, transferring, creating any third party rights or charge or interest or dealing with the said Land or any part thereof, as more particularly set out in Exhibit A hereto;
    
    d. Pending the final hearing and disposal of the Arbitration Proceedings, this Hon’ble Court be pleased to restrain the Respondent, his agents, servants, or any other person/entity claiming through or under them from in any manner obstructing or disturbing the possession of the Petitioner over the said Land.
    
    e. Pending the final hearing and disposal of the Arbitration Proceedings, this Hon`ble Court be pleased to pass an order or direction thereby appointing the Court Receiver as the Receiver in respect of the Subject Land, as more particularly set out in Exhibit A hereto, with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908;
    
    f. In the alternative to Prayer Clauses (a) to (f), pending the final hearing and disposal of the Arbitration Proceedings, the Respondent, his agents, servants, or any other person/entity claiming through or under them be ordered and directed to deposit a sum of Rs. 80, 00, 000 (Rupees Eighty Lakh) plus interest at the rate of 18 % p. a, as from the date of execution of the DA till the date of deposit;
    
    g. For Ad-interim reliefs in terms of prayer Clauses (a) to (f) above;
    
    h. For Cost of the present Petition; and
    
    i. For such further and other reliefs as the nature and circumstances of the case may revise.

This is how, with the guidance of my senior, I drafted this petition for our client. Let me share some insider news.

The client was very impressed with the draft and my senior was proud of me and I was over the moon and I was eager to utilise this skill for future work also.

Moving on, let’s see what happens when your petition is rejected.

What is the remedy available if the Section 9 petition is rejected? 

Have you ever thought what can you do if your petition under section 9 gets rejected? 

Are there any remedies under the act that is available to you? 

I, too, got that thought, and I asked my senior what would happen if the court rejected our Section 9 petition.

Under Section 37(1)(b) of the Act, an individual can appeal against the orders (granting or refusing to grant) under section 9 to the Court authorized by law to hear appeals from original decrees of the Court passing the order.

If a party is aggrieved with the order passed in appeal, then you still have a remedy left.

No, it is not a second appeal. As per Section 37(3) of the Act, no second appeal shall lie against orders passed in appeal. 

However, the section further provides that the right to appeal to the Supreme Court shall not be affected or taken away from the party.

Conclusion

With me, you all have also learned a million dollars worth of a new skill that you can use.

So if you are a junior who has started off, then the next time someone asks you about section 9, you definitely will have answers to it and will be in a better position as compared to your other colleagues. For the ones who already have an established practice, this can be another feather on your head.