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TMI Blog2020 (9) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... a, for such grievance. Therefore, the remedial measures to be undertaken by the aggrieved parties have a necessary recourse to the provisions of the Arbitration and Conciliation Act, 1996. Section 9 of the said Act, as quoted above, provides for interim relief to the aggrieved party before or during the course of arbitral proceedings - In the present case, it seems that the dispute as of now, does not stand referred to any Arbitrator appointed by the Reserve Bank of India. The parties do not seem to have raised these issues before the learned Single Judge in appropriate manner and there is no discussion in the order impugned before us dated 31.1.2019 passed by the learned Single Judge. Therefore, we are deprived of the benefit of reasone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nating the information declaring the applicants therein as wilful defaulters. Against the said interim order being made absolute by the learned Single Judge, the present appeal has been filed by the appellant herein. 3. Mr. S. Parthasarathy, learned counsel appearing for the appellant Company made the two following submissions: (i) that since the information is compiled by the appellant company on the basis of the data information supplied by the lending institutions namely Banks and other financial institutions, without impleading these lending institutions as a party respondents in I A. No. 6310 of 2018 before the learned Single Judge, the respondents/borrowers could not have approached the learned Single Judge under Section 9 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r sanction of credit facility, from any credit institution, may request to such institution to furnish him a copy of the credit information obtained by such institution from the credit information company. (2) Every credit institution shall, on receipt of request under sub-section (1), furnish to the person referred to in that sub-section a copy of the credit information subject to payment of such charges, as may be specified by regulations, by the Reserve Bank in this regard. (3) If a credit information company or specified user or credit institution in possession or control of the credit information, has not updated the information maintained by it, a borrower or client may request all or any of them to update the information; whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tody 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Conciliation Act, 1996. 9. The parties do not seem to have raised these issues before the learned Single Judge in appropriate manner and there is no discussion in the order impugned before us dated 31.1.2019 passed by the learned Single Judge. Therefore, we are deprived of the benefit of reasoned opinion of the learned Single Judge on these two important issues raised in this appeal. 10. In such circumstances, we are inclined to relegate the parties before the learned Single Judge with liberty to them to raise these questions properly before the learned Single Judge, with a request to the learned Single Judge to decide those issues after giving an opportunity of hearing to both parties. Till the learned Single Judge decides the af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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