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As per case facts, disputes arose from a Proforma Invoice for AC units. Petitioner initially sought arbitration against both Respondents, but a case manager directed deletion of Respondent 2 (Vijay
...Sales) as it was not party to the Proforma Invoice. An arbitral award was then made against Respondent 1 only. Petitioner later filed enforcement proceedings against both, but Respondent 2 was ultimately deleted by a court order, making the award unenforceable against it. Petitioner then filed the present Section 9 Petition seeking interim measures against both Respondents, particularly to secure the awarded sum from Respondent 2. The question arose whether interim measures under Section 9 of the Arbitration Act can be made against a third party when the foreign award is not enforceable against it and it has been deleted from enforcement proceedings. Finally, the High Court held that no interim measures could be granted against Respondent 2. The Court cannot determine liability in collateral proceedings, especially after its deletion from enforcement actions, and the Section 9 Petition cannot be used as a shortcut for execution or to re-introduce a party excluded from substantive enforcement.
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