2004 (10) TMI 615

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..... preferred by the appellant. The appellant is an architect engaged by the respondents society. Pursuant to some dispute between the parties, which is subject matter of arbitration, an application under Section 9 of the Arbitration and Conciliation Act was filed for interim orders for attachment. Earlier an interim order attaching the property of society was passed which was vacated after hearing th .....

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..... the learned Single Judge which is impugned before us. What has been stated in the judgment is that in the given circumstances, the relief of attachment cannot be granted. No doubt that the provisions like Order 38 Rule 5 Code of Civil Procedure are not contained in the Arbitration and Conciliation Act but its principles are to be applicable as such. However, one cannot loose the sight that the pr .....

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..... tice to the cause. The learned Single Judge has relied upon the provisions of Order 38 Rule 5 Code of Civil Procedure to exercise his discretion for the purposes of exercising power under Section 9(ii)(b) as to whether that was a fit case for grant of an Order of attachment or not. Therefore, it can't be said that the impugned order suffers from infirmity merely because the learned Single Judg .....

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